Legal Question in Technology Law in Florida
How to File in Small Claims for Ebay Online Auction regarding Non Paying Bidder
I have recently been selling various items with Ebays online auction service. www.ebay.com After auction completion it is the responsibility of the bidder and seller to contact and complete payment.
Occasionally some bidders refuse to pay or ignore all attempts to contact them after auction completion. Is it possible to file a small claims suit for the value of my auction even though the bidder is in another US State?
The webpages contain a complete log of user information; full name, address, phone number and amounts bid. I assume copies of this web info, my emails with contact and payment request, and possibly a copy of a hand writen letter delivered by US Mail to the bidder would provide enough evidence. What other evidence would I need in this electronic agreement?
Ebay notes that bidding is a binding contract. I have not forefitted any legal writes by using their services to my knowledge.
The amount is less than $500, I live in Maryland, the non paying bidder lives in Florida. Ebay does refund all fees in the auction after 17 days should I not receive payment. If I did file in small claims, should I not request a refund from ebay?
Thanks please contact me anytime with suggestions,
1 Answer from Attorneys
Re: How to File in Small Claims for Ebay Online Auction regarding Non Paying Bid
MD does not have jurisdiction over a FL resident who meets you at your invitation on Ebay. You do not have a small claims case only because MD cannot assert jurisdiction over your bidder.
You have a fine small claims case in FL, but of course not enough money to pursue it.
In the present state of Inet law your best bet is to list the item again and hope for an honest buyer.
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