Legal Question in Civil Litigation in Michigan

litigation with an ebay member

I bought a turbo for 202.50 from an ebay member in November 2005. My son was not able to put it on his car until January due to an accident. Ebay has a policy/time limit on filing complaints/returns. The ebay member I bought this turbo from sent a faulty turbo. He was asked many questions before this turbo was purchased by me. I felt confident that the turbo was in excellent condition. After installing it on the car, the turbo was bad. Tried handling the situation with the ebay member, who lives in Michigan, but nothing has come of it, he emailed me once then never again after several emails sent to him. I want to file a small claims suit against him. I live in Virginia and he lives in Michigan, can I file suit in my state, it was paid for out of my bank account in my state, but the place it was located at was in Michigan, sent to me via mail. Any advice you can give me would be greatly appreciated. Thanking you in advance


Asked on 4/05/06, 10:32 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: litigation with an ebay member

Even assuming that you could obtain proper jurisdiction(certainly not a given) over the out of state defendant by way of Virginia's so-called long arm statute (Sec. 8.01-328.1)and that you succeeded in obtaining a judgment against the defendant, unless the latter had assets(land/buildings, bank accounts, other personal property etc.), located within the Commonwealth that could be subject to attachment or levy, I would see little value in obtaining such a Virginia judgment if in fact as a practical matter it would have little chance of being enforced against the judgment debtor who apparently resides in Michigan or some place else outside the Commonwealth.

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Answered on 4/06/06, 10:01 am


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