How do I initiate a small claims suit against a person in another state?
Hello. Please, I would not appreciate any response that suggests "I should have known better".
I sold my car to a person in another state via eBay. The buyer paid their deposit by eCheck to PayPal, and because of timing and availability, I delivered the car to him and received the balance of the purchase price in cash. Once the vehicle was delivered, and the sale "completed", the buyer’s bank declined payment of the eCheck. The buyer did sign a Bill of Sale that indicated the transaction would be complete upon clearing of the check and balance paid.
Back when I was in school, I vaguely remember that lawsuits across state lines had to go through federal court, does that apply for small claims?
a) If I can file in a state court, which state would hold jurisdiction, the seller’s state or the buyer’s state?
b) I realize in a small claims suit, I can file for actual damages and court costs, can I file for punitive damages?
Thank you for your advice!
The seller is in New Jersey, the buyer in New York. The buyer won the auction on eBay. Total purchase was under $2000, the amount in dispute is $200. Buyer signed a Bill of Sale Agreement acknowledging sale would be complete once payment was made and deposit check cleared.
The seller is in New Jersey, the buyer in New York. The buyer won the auction on eBay. Total purchase was under $2000, the amount in dispute is $200. Buyer signed a Bill of Sale Agreement acknowledging sale would be complete once payment was made and deposit check cleared.
Here we go again, can we get some locations? =p
The jurisdiction will always be where the sale accorded or where the seller is located, unless the buyer is in default.
Here’s an example. Suppose you purchased an item from an online store.
If the buyer is in the same State as the seller, then the buyer has to pay the sales tax. However, if the buyer is in another State, then no sales tax can be collected by the seller or the State; unless of course a mutual agreement which will never exist because double taxation laws. =D
Here’s the answer:
Personal Jurisdiction: Court must have binding jurisdiction over the defendant. Usually means a legal resident over the defendant’s court jurisdiction.
Quasi in rem Jurisdiction is usually by absence and not for you particular matter.
Subject-matter jurisdiction: Yes and no. This jurisdiction is pretty much the courts power on which particular cases the State or Federal government grants to the court. In California, this case would be heard in small claims court because the bill non payment does not exceeds $7,500.
Even if it did exceeded $7,500, the defendant would be only obligated to pay with only a written contract for the payment since the sale was over $500. If I recall correctly, this is called the Statute of Fraud. Oral agreements are not enforceable if the contract falls under the Statute of Fraud if the contract is obligated to do so. Other things for SoF is like marriage, land sales and I think sureties and services require written contracts. Though, good attorneys can "flip the script" just like how Pamela Anderson 1 million over an oral agreemnt…though I do not remember the case thoroughly.
So the ANSWER to your question is this: You must sue the defendant in his/her legal residential court jurisdiction unless he/she in another country and can do a quasi in rem. =D
Things you should do.
You really do not need a contract because Ebay is like one. The guy bid, won and received the goods, therefore obligated to pay the remaining balance.
What you should do repose the vehicle if you want the car and not the money, or sue him if you want the remaining balance and not the car.
Now, the seller is only in violation under 2 entities: The State laws and Federal laws. Notice I spelled State, no plural form. This is based off the Sellers location if the seller commits a breach of contract. =p
One more thing
Federal courts only enforce Federal laws, not State laws.
States courts can only enforce State Laws unless the Federal government grants the State the power to enforce over a Federal violation.
FOR ANY issues arising across parties from different States, the Federal government will only enforce crimes not civil matters since that’s completely covered in the US Constitution under "States reserved Powers" clause.
That’s why the Federal government can prosecute you for a crime or tort, and the State can also, because of this clause establishing 2 different jurisdictions and therefore no double jeopardy.
go to the small claims court in your local town.
References :
You should have known better, It must go through a federal court, just rack it up as a loss.
References :
Here we go again, can we get some locations? =p
The jurisdiction will always be where the sale accorded or where the seller is located, unless the buyer is in default.
Here’s an example. Suppose you purchased an item from an online store.
If the buyer is in the same State as the seller, then the buyer has to pay the sales tax. However, if the buyer is in another State, then no sales tax can be collected by the seller or the State; unless of course a mutual agreement which will never exist because double taxation laws. =D
Here’s the answer:
Personal Jurisdiction: Court must have binding jurisdiction over the defendant. Usually means a legal resident over the defendant’s court jurisdiction.
Quasi in rem Jurisdiction is usually by absence and not for you particular matter.
Subject-matter jurisdiction: Yes and no. This jurisdiction is pretty much the courts power on which particular cases the State or Federal government grants to the court. In California, this case would be heard in small claims court because the bill non payment does not exceeds $7,500.
Even if it did exceeded $7,500, the defendant would be only obligated to pay with only a written contract for the payment since the sale was over $500. If I recall correctly, this is called the Statute of Fraud. Oral agreements are not enforceable if the contract falls under the Statute of Fraud if the contract is obligated to do so. Other things for SoF is like marriage, land sales and I think sureties and services require written contracts. Though, good attorneys can "flip the script" just like how Pamela Anderson 1 million over an oral agreemnt…though I do not remember the case thoroughly.
So the ANSWER to your question is this: You must sue the defendant in his/her legal residential court jurisdiction unless he/she in another country and can do a quasi in rem. =D
Things you should do.
You really do not need a contract because Ebay is like one. The guy bid, won and received the goods, therefore obligated to pay the remaining balance.
What you should do repose the vehicle if you want the car and not the money, or sue him if you want the remaining balance and not the car.
Now, the seller is only in violation under 2 entities: The State laws and Federal laws. Notice I spelled State, no plural form. This is based off the Sellers location if the seller commits a breach of contract. =p
One more thing
Federal courts only enforce Federal laws, not State laws.
States courts can only enforce State Laws unless the Federal government grants the State the power to enforce over a Federal violation.
FOR ANY issues arising across parties from different States, the Federal government will only enforce crimes not civil matters since that’s completely covered in the US Constitution under "States reserved Powers" clause.
That’s why the Federal government can prosecute you for a crime or tort, and the State can also, because of this clause establishing 2 different jurisdictions and therefore no double jeopardy.
References :