Legal Question in Technology Law in Illinois

Re: Small Claims

The mere fact that you are far away from him does not prevent him from suing you. If the system worked that way it would be too easy for people to cheat one another and get away with it.

Depending on the facts, he may be able to sue you in an Illinois court. You would surely not want to pay for a trip to Illinois to fight over $350, especially because you might lose and have to pay both the damages and the airfare.

Once he has a judgment in Illinois he will have to go through a tedious, lengthy and somewhat costly process to enforce the judgment in California.

Neither of you will want to go through all this,so you should work out some sort of compromise if possible.

Re: Small Claims

Well, the suit would be for breach of contract, unless the buyer claims fraud. His remedy was to return the computer for a refund if the computer didn't meet the specifications agreed upon. If it did, there is no breach and any suit would be an exercise in futility for the buyer because you would win if there were a trial. If it didn't and you refused to take it back for a full refund, you would lose, but the damages probably would be a lot less than $350.

As a California lawyer I know nothing about Illinois small-claims procedure, but I would be mildly surprised if it would assert jurisdiction over a California private-party seller. Therefore, more likely than not a suit would have to be brought in California.

Unless the buyer is a zealot who puts principle above economic reality, the chance of a suit is small -- and you might win.

Don't worry now, but if you are served with court papers, read them carefully and respond appropriately.