Legal Question in Civil Litigation in Pennsylvania

Where do I file my small claims suite.

I sold my guitar online last summer. The buyer didn't send me full payment for the shipping which was over $80.00. When I contacted him about this prior to shipment, he promised to get the balance due into the mail right away. I then told him that I would ship the guitar on good faith that he would mail the balance due. He never did send anything. After 3 weeks I contacted him again about the money, he appologized and assured me that he would send it right away. 5 more weeks went by before I contacted him again, he now refuses to respond to my e-mail. I then told him that if I didn't hear from him right away, I would be forced to persue legal action. He still hasn't contacted me so now I am trying to figure out how to proceed. I assumed that filling a small claims suite would be the right thing to do, I just don't know which state I should file in, or if this is the best way to go about it?


Asked on 12/04/00, 2:59 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Where do I file my small claims suite.

The problem you describe is a huge one on the net. I guess now you understand why the big boys sell by credit card only.

You will have to sue the buyer in his home state. You cannot sue him in yours because he has no "nexus" or ties to your state simply by responding to your online solicitation to sell.

Until there are statutes stating otherwise, you are out of practical luck as the cost of litigation would surely greatly exceed the amount to be recovered.

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Answered on 12/05/00, 9:03 am


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