EBAY/PAYPAL small claim issue

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DGFLYGIRL78

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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.
 
Normally a court needs in personam jurisdiction over the defendant. That means, it needs the power to force a defendant to show up, and that power normally ends at the state border.

However, many states have broadened their jurisdiction with some legal constructions, such as claiming jurisdiction over someone living out of state, when the act on which the suit is based occurred within their state.

Yet, it seems unusual to me if a small claims court finds that it has jurisdiction over an out of state defendant. How have you been summoned and served? Or are you a merchant? Jurisdiction is often possible if the defendant is a merchant, someone dealing regularly in the state which seeks jurisdiction. But even then there are enforcement issues, so that most states do not allow such a suit to be brought in small claims court.

What you should do is find out about the jurisdiction rules in the court that issued the summons and read what the complaint says about jurisdiction.

Now here comes the important part:

You must be very careful how to answer the complaint and summons. You have to carefully follow the procedural steps to make what the law calls a "special appearance" to challenge jurisdiction, because otherwise your appearance might be interpreted as waiving the challenge and agreeing to the jurisdiction. You also want to avoid a default judgment.

Therefore I would advise you to consult an attorney.

Pay Pal's decision has no general influence on these proceedings, but of course could be introduced by you as to bolster your case.

Can a court order you to deliver the very item you auctioned off? If you breached a sales contract the plaintiff can usually get different forms of relief: he can "cover", that means he can obtain the same kind of item somewhere on the market and you will have to pay for it, even if it is more expensive than your price was. Or plaintiff can recover the difference in market price and your price if market price is higher. Only when these remedies are inadequate plaintiff can look for equitable relief, that means he can ask the court to order you to hand over the item. This usually will only be ordered, if it is a unique item, this is then called "special performance."

Can you counter-sue? May be, it depends on the circumstances. Filing anything against him in CA will probably raise the same jurisdictional issues as with his claim against you.

You should discuss all this with an attorney.
 
more small claims questions

Thanks for the help :)
Maybe someone can help with this:

The plantiff claims the transaction occurred in Missouri, which gives him proper venue by MO. law. Can anyone explain how an internet transaction occurred in MO? Wouldn't CA be where the actual transaction took place? The transaction didn't occur until I received the funds, right? Also, I never solicited in MO. for his business, the plantiff came to my auction page and bid anonymously.

Finally, I gave the plantiff a 7 day, no questions asked, full refund opportunity. He didn't make contact w/ me for 3 weeks he received item. Does this help me in court?

Thanks in advance for any and all advice!
 
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