Legal Question in Civil Litigation in Missouri

Need Attorney in St. Louis to File Answer

Hello,

I sold collectibles on eBay to a man who became a regular customer outside of the auction site. A dispute arose as to the authenticity of merchandise and I began returning money to him in installments with the understanding he would return items also. He never returned any items so I ceased the payments.

Two years later, I've been served with a breach of contract and fraud suit-he lives in Mo and I live in Ca. The summons states the Missouri court has jurisdiction over me pursuant to sec 506.500 (1)-(3) R.S.Mo because I transacted business within Mo. by selling and offering for sale to consumers in Mo., entered into an oral contract in Mo.and committed fraud in Mo. Also stated is that StL venue is correct 508.010(4)(6) because I allegedly breached the contract and tort of fraud accrued in StL. I've never been in or offered goods in Mo. and seek a dismissal due to improper venue. Is that a possibility or are these citations valid and binding?

Thanks for your help


Asked on 1/12/03, 4:11 am

3 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Need Attorney in St. Louis to File Answer

Yes...I agree with the previous response. Other alternative is...you can file a demurrer for lack of jurisdiction ad ask for dismissal...again either a MO attorney or you can represent yourself. If you want to do pro per...I can draft the motion for you...but you have to fly there to attend the hearing.

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Answered on 1/12/03, 2:37 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Need Attorney in St. Louis to File Answer

I believe that the previously posted answers are O.K. as far as they go, but I would tell you that I would want to actually do the research to see whether or not our Missouri Courts have addressed these issues. As far as the legal system is concerned the internet is still a relatively new phenomenom, and there may not be any controlling cases on point. However, if there are then your options would be clearly defined. My experience tells me that the suggestion to consider a settlement is a good one. Perhaps your Missouri attorney could negotiate the return of your goods in return for a refund by installments. Personally, I would ask for a modest retainer to do the research, file a responsive pleading in the pending lawsuit, and strike a deal on your behalf. If you have not hired an attorney, you may contact me at 314-727-2822. My office is in St. Louis County roughly ten miles from the St. Louis City courts and I do appear downtown on a regular basis. In any event I wish you the best of luck at resolving this problem.

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Answered on 1/12/03, 6:06 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Need Attorney in St. Louis to File Answer

Jurisdiction is your problem, venue is not. If a Missouri court asserts Jurisdiction, you won't really care which venue within Missouri hears the case.

By soliciting business over the internet, most states feel you are availing yourself of the benefits of doing business in each state and are therefore subject to jurisdiction in each state.

It would be different if you only advertised in CA and he somehow found you and contacted you. However, since you sought business over the internet your case is different and I would expect that you'll lose any challenge to jurisdiction. Your best bet would probably be to settle the case and get back on a payment plan with the guy.

Best of luck,

Ben

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Answered on 1/12/03, 4:55 am


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