Legal Question in Consumer Law in California

i live in goleta ca this guy i bough a best buy gift card from him on ebay he is suing me in lompoc ca there is no way that i can go there since i am a ucsb sudent and i dont have trasportation he claims that he sent it to me it shows as delivered but i did not get it it shows that someone else signed for it. i even told him that i would gladly send him a new card with the new balance of 500 to him he said that no he still wants to sue please help


Asked on 1/17/10, 10:46 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Did you look at the court papers to see how much he is suing you for?

Best,

Daniel Bakondi, Esq.

[email protected] 415-450-0424

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

Read more
Answered on 1/23/10, 11:56 am
Herb Fox Law Office of Herb Fox

I am a Santa Barbara attorney. Although I cannot represent you in this matter - I assume that it is a small claims case - I can give you some assistance.

First, the small claims division has a mediation program. If you call my office on Monday we can provide you with a phone number. My number is 899-4777

Next, you can send a letter to the court asking to change venue to Santa Barbara.

Next, I must suggest that if you can afford to offer a $500 best buy card, you can afford to rent a car (or take a bus) to Lompoc to appear at the hearing, unless you are disabled or otherwise cannot drive.

On the merits, I have two thoughts. First, if the claim he is making is for $500, your offer satisfies the claim and may help you win the case,

Next, you say you did not get the card and someone else signed for it. Do you know who that person is? You and - and you may have to - file a counter claim if that person does not give back the card.

Finally - and importantly - is there a hearing date in the summons that you received?

Read more
Answered on 1/23/10, 10:38 pm


Related Questions & Answers

More Consumer Law questions and answers in California