Ebay seller being sued?

[channelsurfer]

I sold a car on Ebay.
I live in North Carolina.
The buyer purchased the car with known issues.
Buyer had car inspected by third party prior to payment.
Buyer shipped car to FL residence.
Buyer is threatening to Sue in Bay county FL court.

QUESTION? Can Seller be Sued in FL and expected to appear in FL court to defend case? Will FL allow the filing? change of venue? dismissal based on jurisdiction?

THANKS!!!

 

[army judge]

I sold a car on Ebay.
I live in North Carolina.
The buyer purchased the car with known issues.
Buyer had car inspected by third party prior to payment.
Buyer shipped car to FL residence.
Buyer is threatening to Sue in Bay county FL court.

QUESTION? Can Seller be Sued in FL and expected to appear in FL court to defend case? Will FL allow the filing? change of venue? dismissal based on jurisdiction?

THANKS!!!

He can try to sue you in NC from FL, but his big problem will be serving you and obtaining jurisdiction of a NC citizen by a FL small claims court.

For the time being, I'd run silent and deep.

See what he TRIES to do, and watch the genius begin to get frustrated, start to flounder, and finally fail.

 

[channelsurfer]

I received a Formal letter from his lawyer, with a draft CIVIL case attached. Stating if payment is not received, they will be filing in court. The lawyer and letter are legitimate. The kicker to the whole thing is , the buyer had a 3rd party of his choice (friend of is) inspect the car prior to paying me,, after he had winning bid though. He is claiming misrepresentation of the condition of car. Nowhere does the lawyer reference the inspection.

They are asking for 14500 in damages.
I sold him the car for 14200.

My big fear is how much Lawyer costs I will have defending myself in NC or FL......

 

[army judge]

I received a Formal letter from his lawyer, with a draft CIVIL case attached. Stating if payment is not received, they will be filing in court. The lawyer and letter are legitimate. The kicker to the whole thing is , the buyer had a 3rd party of his choice (friend of is) inspect the car prior to paying me,, after he had winning bid though. He is claiming misrepresentation of the condition of car. Nowhere does the lawyer reference the inspection.

They are asking for 14500 in damages.
I sold him the car for 14200.

My big fear is how much Lawyer costs I will have defending myself in NC or FL......

Please take a few minutes and read my previous post.

You reside in state X.
He resides in state J.
He wants to sue you in state J.
He can sue you.
His lawyer can threaten you.
But, only if you assent to the jurisdiction of a state J court over you, a state X citizen.

But, he can't force a state X resident to appear in a state J court.
State J has no jurisdiction over a state J resident, or any resident outside of its borders.





Google (or search) "jurisdiction", focus on "jurisdiction in personam".

A question posed over and over about lawsuits, is whether a given court has jurisdiction to preside over a given case.
Often jurisdictional questions arise about lawsuits.
He can blather about anything.
What he can't do is have a state J court compel you, a state X citizen to defend in a state J court.
Even if he sued you in federal court, you could have the trial venue changed to a federal court in state X, not state J.
So, if he is serious about suing you, he'd have to travel to state J and bring his lawsuit.
You are sitting in the catbird seat, so relax.
besides, from what you've posted, you could defend the case on its merits.

If you're nervous, however, offer a settlement.
The problem then becomes, moving the car back from Florida.

Jurisdiction is comprised of three major components:

1. whether there is jurisdiction over the person (in personam),
2. whether there is jurisdiction over the subject matter, or res (in rem), and
3. whether there is jurisdiction to render the particular judgment sought.

​

 

[channelsurfer]

Thanks for the reply,
My wife and I have been sick to our stomach over this.
If the suit was filed in State J and I ignored it, would there be an automatic judgement for the buyer? and can the state J enforce the judgement?

Do I need a lawyer at this point in time?

Once again, Thank you so much for your comments.

 

[army judge]

Thanks for the reply,
My wife and I have been sick to our stomach over this.
If the suit was filed in State J and I ignored it, would there be an automatic judgement for the buyer? and can the state J enforce the judgement?

Do I need a lawyer at this point in time?

Once again, Thank you so much for your comments.

If what you posted is true, you cpuld defend the case on the merits.

You seem to have done nothing improper or untoward.

You might want to speak with an attorney in your state about this matter.

He won't get a dime, unless he can serve you, or tell the court why he couldn't.

Speak with 2 or 3 lawyers in your county, in your state, and see what they have to say.

The initial consultation will normally be gratis.

After you've had those meetings, think about what was said, then decide what you should do.

 

[disagreeable]

Don't sign for any certified letters that might obligate you to respond in a FL court. Interesting how he claims he lost more than he paid for the car. What is his claim here?

 

[channelsurfer]

Another question,
Even though FL does not have Jurisdiction. If the complaint is filed in FL court, will FL review the jurisdiction and not allow the case? Or will they automatically accept the complaint and I will be required to make a motion to dismiss on jurisdiction?

I am trying to figure out wether or not they can even file this complaint in FL?

 

[channelsurfer]

Don't sign for any certified letters that might obligate you to respond in a FL court. Interesting how he claims he lost more than he paid for the car. What is his claim here?

He has receipts for oil seals, and upgrade bearing parts, items that were not even broken,, his main claim is the transmission, but he has no receipt for a transmission,, just some gears to fix it,, which by auction stated the transmission had issues. obvious he has slim to no chance of winning a case, I believe he just wants to be bothersome... which is very aggrivating to have to deal with.

 

[channelsurfer]

If they attempt to serve me in NC with FL court papers, what do I do? what are my rights? Do I have to accept them? Does that mean I agree to FL jurisdiction?

 

[disagreeable]

Do not sign for anything certified that would constitute service. Advise household members of the same. Otherwise you would be required to respond.

If they attempt to serve me in NC with FL court papers, what do I do? what are my rights? Do I have to accept them? Does that mean I agree to FL jurisdiction?

 

[army judge]

Who knows what any court will do, OP?
So, no need to worry about FL allowing the case to be filed.
In most small claims cases, (Texas for example - the JP gets paid with every action, filing included), so there is some incentive to allow such filings.

Assume FL will allow the dummy to file his nonsense case, then don't accept any certified or registered mailings, any FedEx or overnight letters (unless you KNOW the sender).

That cuts off one avenue of service.

If he resorts to having local law enforcement do it, then simply avoid service, don't answer the door.
Rich peopelk and celebrities are very good at dodging process servers, Google their patented tactics online and acquaint yourself with urban escape and evasion. LOL

As my pal, DIS says, educate other adult members of the household in yoru newly acquired escape and evasion tactics relative to process servers.

 

[channelsurfer]

I had my lawyer send his a pretty blunt letter, and attached some paper work that pretty much trumped his claims,, so hopefully he will eventually give up.
Unfortunately I have teenagers , so it may be a little easier on the server,, but they have been educated.
I can easily win the case, and probably counter sue for legal fees and lost wages, But I have so much better things to do with my time.

 

[army judge]

I had my lawyer send his a pretty blunt letter, and attached some paper work that pretty much trumped his claims,, so hopefully he will eventually give up.
Unfortunately I have teenagers , so it may be a little easier on the server,, but they have been educated.
I can easily win the case, and probably counter sue for legal fees and lost wages, But I have so much better things to do with my time.

Smart, don't worry, they can't serve a teenager.
But, just tell them NOT to answer the door for the next month.
That should solve any illicit attempts.
You got this. So relax and enjoy the weekend.
I sure as heck will.

 

[disagreeable]

If your teens are under 18 have them advise whomever attempts to deliver a certified letter or other service of such.