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  1. #1
    Join Date
    May 2012
    Location
    san francisco, CA
    Posts
    9

    Default Buyer Did Not Return Merchandise

    My question involves collection proceedings in the State of: CA

    I sold a pair of shoes on ebay for $250.00 + 15 for shipping to a buyer in IL. The buyer claimed I had disclosed the wrong size so I agreed to refund the shoes plus shipping. I refunded her the money before I got the shoes back. (My mistake) She was grateful, but did not return the shoes. I sent her multiple emails through ebay, to confirm her address so I can send an attached postage label to stick on the package. I got her contact information from ebay. Ebay or paypal could not reverse the refund.

    She claimed to mail them without a tracking label. I know that sending items without a tracking number is no proof of mailing so I want to sue her in small claims court. She most likely won't show being that she is in IL., however my procedure would be as follows: 1) send a demand letter (assuming no response) 2) file for small claims court(most likely she won't show up and I will win by default. 3) file the the CA claim with IL courts and 4) send her the a notice of the winning judgement.

    What court orders could a small claims judge sign? Can I garnish her pay checks, bank account, paypal account etc. CA small claims filing fee is 35.00 which I will add to the lawsuit. I only have her full name, address, and telephone number. She does sell online as well and has a 100% feedback.

    Ebay said they would send her a warning, but that does not much for me.

    Any information about this process would be useful.

    thanks,

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Buyer Did Not Return Merchandise

    have you read the rules of procedure regarding small claims court of California? Once you do you will realize it is not possible to do what you want to do.



    With two exceptions, service of process must be made within the boundaries of the State of California. The following kinds of defendants need not be served within the state:

    • A non-resident defendant who owns real property in California — if the defendant has no agent for service of process and the claim relates to that property. (The non-resident defendant may send a representative or submit an affidavit to defend against the claim.)
    • A non-resident defendant who owned or operated a motor vehicle involved in an accident on a California highway — if service of process is made on both the defendant and the Department of Motor Vehicles. Some courts allow the non-resident driver to send a representative (but not an attorney), or submit an affidavit or declaration explaining that person's side of the case, or appear at the hearing by telephone. To determine the court's policy and practice, contact a small claims adviser in the county where the suit has been filed.
    So, ya think you can get to her fly out to California just so you can serve her?




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