Legal Question in Consumer Law in California
Ebay buyer summoned me to Florida Court
In October 07' I sold an inflatable haunted house on ebay. The item was listed as being a store return, may have minor flaws or signs of wear, has not been tested, and sold AS IS.
The buyer 9 days after Halloween filed paypal dispute saying it didn't work. Paypal ruled in MY favor saying it was listed correctly. I assumed the buyer just wanted money back after holiday, as I had sold many of these with no complaint.
Today I got a court summons to appear in a Florida Court on April 18. I live in California, the item was shipped from CA. and purchased on ebay. Doesn't the person have to file a claim in my county, being as I'm the defendent? I feel I was right with this, and don't want to pay the money back, but a trip to FL. would cost more than to pay back. what can I do? Doesn't the person have to come here for court? Any help is much appreciated. Thank You in advance.
2 Answers from Attorneys
Re: Ebay buyer summoned me to Florida Court
Actually you should file a motion to dismiss for improper venue. You can attend telephonically. You can also respond to the lawsuit. It does not require a trip to florida to respond to the lawsuit. You can also retain an attorney in florida eventually.
Re: Ebay buyer summoned me to Florida Court
It could go either way, in my opinion. The contract was entered into either in FL or CA, payment was sent from FL to CA. I would send a letter to the court in FL and ask them to dismiss in favor of venue in CA since that's from where the product was shipped. In the letter, you might ask that the court notify you if it denies your request so that you could make arrangements to attend. But, do so at your own peril.
By the way, was the haunted house not haunted enough for the buyer?
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