Legal Question in Credit and Debt Law in California

I have an online store. I customer from Massachusetts ordered a $100.00 item, received it and then requested a chargeback from his credit card company and got his money back! The customer admitted to the mistake and promised to send a check which has been months ago. They do not respond to my letters, emails or phone calls. Can I sue him here in California small claims?


Asked on 4/28/10, 6:04 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Probably not. Go to www.courtinfo.ca.gov, and look on their self-help center. The rules for Small Claims, as I recall, require that either the defendant live in the State and County where you are suing, or where the contract was entered into, signed or where the goods are located. All of those factors do not point to California, except possibly "where the contract was entered into." I have not read cases on this yet involving the internet, however, my best guess is that a contract to buy goods on the internet is entered into where the buyer is located, and not the seller. Look at your terms of sale on your website. If, at the time you made this sale, you had a California choice of law clause, then you might stand a chance. My best guess, however, is that you have to sue the buyer in Massachusetts. Good luck.

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Answered on 5/05/10, 8:46 am


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