
If a transaction for a sale between 2 people is arranged on the internet?
Which state could a small claims court case be filed in? Example: Lets say a seller is in Arizona and a buyer is in Montana and a transaction happened on eBay, but the buyer filed a dispute with her credit card and the money was reversed from the seller. The seller has all shipping records and e-mails proving that he did nothing wrong and that the buyer was trying to scam him buy getting the item for free. Since the transaction took place online, can the seller file a suit in his own state, or does it have to be in the buyers home state? Yes is not a valid answer so I don't know what you are talking about????
Public Comments
- probably the yours. because your the won suing or wanting the claim. unless your the buyer
- yes read eBay TOS, Sellers and Buyer contracts that you agreed to abide by when using eBay. In this case buyer is at default and can be held liable in a court action.
- Your best bet would be to appeal the Paypal/credit dispute and try and have it rectified through them - it's cheaper and they handle the details. You could also report the buyer to eBay and try and get them to sort it out. If this isn't possible, or if you've already tried that, then you would need to take action in the jurisdiction where the complaint occured. If the buyer committed the scam (read; fraud) in Montana then you would need to start your action there. You could try reporting the situation to the police in Montana - they may be able to investigate and place charges and you may get the item back. However if it was only a small amount they might choose to ignore the claim (ie; file a report but not bother investigating). You could launch an action in small claims in Montana, but this would be quite expensive - you may need to hire a lawyer, you may need to appear (travel expenses) as well as the fee for lodging the claim. Chances are the buyer will just deny it and you may get nothing. Even if they order the buyer must pay, there is no way to get blood out of a stone - if she doesn't want to pay, she won't pay - and not only would you be out of pocket with the item, but you would also have all these additional expenses. Sometimes it's better to just cut your losses and move on - unless it was a huge amount, it may just be better to report it to eBay, leave negative feedback and hope she has a change of heart. But it's your call - Good luck!
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