Legal Question in Product Liability in Missouri

Re: Internet Auction fraud small claims???

Hi -

My name is Len Foy, I am an attorney in Massachusetts (also admitted in NH and Calif.), I'll offer you my thoughts but I also have a few questions:

First of all, how much money are we talking about here, i.e., what was the amount of your check, was it a personal check or was it a money order, was the check cashed or deposited by the eBay seller? If so, then I presume it was paid by your bank and that you now have the check (endorsed by the eBay seller) in your possession.

Other details worth keeping in mind, was the eBay seller a person or was it a business-entity of some kind? You'll have to identify the "Defendant" on any court papers you file, along with a residential or business address for that Defendant.

Depending upon the amount of money you lost, you would either file an action (lawsuit) in Small Claims Court or in the District Court closest to your residence. Generally speaking, these legal forms are straightforward enough and not very hard to complete, but if you have any specific questions a lawyer could help you with the paperwork.

Then, after filing this paperwork with the appropriate court, you'll have to serve (mail) these legal papers to the Defendant (the eBay seller). You may be required to have the papers served by a peace officer in the town or county where the eBay-seller lives.

Don't overlook that there is a hint of fraud involved here, if a person solicits or accepts payment for goods which they have no intention of actually delivering to the buyer that's a crime in most states. Keep the civil and criminal cases separate, but if you feel that you were deliberately deceived and defrauded by this eBay seller then it may be worth a phone call to the authorities in the town or county where this eBay seller resides.

If the item which you desired was in fact sold to another buyer or to the "highest bidder," then you may have to settle for just getting your money back - but it's better than getting beat by this person or company in Missouri.

Again, my name is Len Foy and I'm with the Law Offices of Gould & Gould in Londonderry NH (we also have offices in Methuen Mass); our office number is (603) 434-3437, and my email address is [email protected], if I can be of any further assistance drop me a line.

I wish you best of luck with this one - Len

Re: Internet Auction fraud small claims???

Much of what Mr. Foy said is accurate for Missouri law. You can sue in MO (if that is where you are) for up to $3000. You can obtain out of state service by mail. You will need to know the proper legal name of any corporation, or the legal name of the individual you are suing.

You can sue where you live (whether that is MA or MO) because the internet seller, by offering for sale over the internet, chose to do business with you in your home state. Jurisdiction is in your courts.

Good luck -- this should be an easy case to bring in Small Claims Court.