DGFLYGIRL78
New Member
I am in need of some advice... I am in CA and being sued in MO by a man who won my ebay auction. PayPal denied his claim and denied his appeal. Now small claims hearing is set for Dec in MO.
Does PayPal's findings hold up or help me out in a state court?
I have read in most cases venue sides with the defendant. Plantiff filed at his local MO court. Does he have proper venue?
Also, what are the chances of getting change in venue to a CA court?
Another concern is that the item was a diamond ring...if judgement is against me, is there a way for the court to guarantee the same diamond is being returned? I have no documention (other than the ebay auction page) of the items specifications. Planitff posesses his "personal jewelers" appraisal which sets value at significantly more than plantiff paid. (Does that fact in itself help me?)
I am also considering a countersuit.
I would like plantiff to be responsible for all my travel and hotel expenses. Can he be made to pay for my time missed at work and my mental/emotion duress?
Plantiff admitted in writing he will "go after me" at all costs and he has "all the time in the world" to do so. When he lost claim with Pay Pal, he threatened to continue pursuit in small claims and if that did work he would appeal until he won. Do I have a case for libel or malicious prrosecution?
Plantiff has also sent numerous threatening emails to me, can I file harassment charges or restraining order in CA?
Any and all advice on how to deal with is appreciated. Thanks.
Does PayPal's findings hold up or help me out in a state court?
I have read in most cases venue sides with the defendant. Plantiff filed at his local MO court. Does he have proper venue?
Also, what are the chances of getting change in venue to a CA court?
Another concern is that the item was a diamond ring...if judgement is against me, is there a way for the court to guarantee the same diamond is being returned? I have no documention (other than the ebay auction page) of the items specifications. Planitff posesses his "personal jewelers" appraisal which sets value at significantly more than plantiff paid. (Does that fact in itself help me?)
I am also considering a countersuit.
I would like plantiff to be responsible for all my travel and hotel expenses. Can he be made to pay for my time missed at work and my mental/emotion duress?
Plantiff admitted in writing he will "go after me" at all costs and he has "all the time in the world" to do so. When he lost claim with Pay Pal, he threatened to continue pursuit in small claims and if that did work he would appeal until he won. Do I have a case for libel or malicious prrosecution?
Plantiff has also sent numerous threatening emails to me, can I file harassment charges or restraining order in CA?
Any and all advice on how to deal with is appreciated. Thanks.