Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2010
    Posts
    1

    Default Small Claims Jurisdiction for an Internet Sale

    My question involves small claims court in the state of: Missouri
    I reside in Missouri. Over 2 years ago I made several purchases through ebay and separately for handmade craft items from one person. These were custom pieces she was supposed to create for me and then ship together in one package. 2 years later, she still has not shipped the items and I would like to sue her for the total amount I paid almost $1K through Paypal. The problem is she resides in Oregon. I have the paper work for filing a claim in my county (state of Missouri), is this correct or do I need to file in the county in which she resides(Oregon)? She doesn't have a business, she was strictly an ebay seller.

    I read this on Legalzoom, and assumed that because it was an internet purchase I could file locally where I reside and not where she resides:

    "Where Should You File Your Small Claim?
    The general rule as to where to file your case depends on where the defendant lives, or where the action that led to the dispute took place. If you ordered something over the internet, by mail or telephone, your local court will usually have jurisdiction, since your part of the transaction took place locally."

    I was going to submit the claim on Friday, but now I'm unsure if submitting the claim here locally is the right thing to do?

    Please help.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Small Claims Jurisdiction for Internet Sale So Confused

    The local court will have no personal jurisdiction over the seller. Selling something on the internet from an indiviidual to another individual will not rise to the level of permitting long arm jurisdiction. And you will have to serve the defendant in another state. It is possible the defendant will not respond and raise the lack of jurisdiction and you can get a default judgment. If the defendant does respond with that affirmative defense, it will probably be dismissed.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Small Claims Jurisdiction for an Internet Sale

    A single contact by a seller in another state is not ordinarily sufficient to create jurisdiction in the buyer's state. If you sue the defendant in your state, once the defendant is served the defendant will either ignore the lawsuit or respond to it. If she responds, it would likely be in the form of a motion to contest the court's jurisdiction. But let's assume that the defendant doesn't know what she's doing and inadvertently vests your state's small claims court with jurisdiction by appearing and trying to defend on the merits. You still have to collect the judgment, and odds are she's not going to voluntarily pay.

    To collect a judgment in another state you have to domesticate it in that state, meaning you commence a court action in that state asking the court to recognize the out-of-state judgment. At that time the defendant must again be served, and may challenge the attempt to domesticate the judgment. The most common basis for this challenge, either after a default in another state or an unsuccessful challenge of jurisdiction, but it's possible for a jurisdictional challenge to be made even if the person appeared and defended. You have to succeed in that petition before you can use the courts of the other state to enforce the judgment. It's possible that the defendant would fail to respond to the notice, such that the judgment would be domesticated by default, but you can't count on that. You can hire a lawyer to domesticate a judgment for you, but that won't necessarily mean that you'll succeed in the effort or that, if the petition is contested, you won't be required to appear at a hearing.

    So, generally speaking, it's "easier" to sue the person in the state where they're located; but you should expect that will mean traveling to that state for at least one court hearing.

  4. #4
    Join Date
    Oct 2010
    Posts
    27

    Default Re: Small Claims Jurisdiction for an Internet Sale

    Have you tried to contact Paypal about this? I know there is a time limit to do this. I was also wondering why you waited so long to handle this? If she still has an Ebay Store and has a Paypal account let them both know. Send them all your records. I have had people not send me my Ebay purchases and I let Ebay know and filed a claim with Paypal and got my money back.

    1. Sponsored Links
       

Similar Threads

  1. Private Sales: Can Small Claims Court Rule to Reverse a Private Party Sale
    By cenvally in forum Consumer Law
    Replies: 6
    Last Post: 05-06-2011, 12:54 PM
  2. Jurisdiction and Venue: Where to File a Small Claims Lawsuit for Unpaid Balance of Sale
    By coeur29 in forum Civil Procedure
    Replies: 3
    Last Post: 04-04-2011, 05:33 PM
  3. Security Deposits: Ex-Tenant Claims Deposit Charges Too High, Wants to Take Me to Small Claims
    By Korky in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-18-2010, 10:33 PM
  4. Private Sales: Jurisdiction Concerning Internet Sale
    By xltc5 in forum Consumer Law
    Replies: 1
    Last Post: 05-10-2009, 06:23 PM
  5. Jurisdiction and Venue: Small Claims and Counter Claim Exceeding Court's Jurisdiction
    By non sequitur in forum Civil Procedure
    Replies: 1
    Last Post: 03-02-2007, 05:31 AM
 
 
Sponsored Links

Legal Help, Information and Resources