Ok im just curious...and this is a hypathetical situation. If you, living in Texas, have been scammed, sending $500 for a turbo thru either paypal, money order or check to a person who lives in Florida and that person did not send you your item after going thru all attempts of emails, phones calls, pms etc...You then finally file a small claims against that person in Florida thru your state in Texas. My question is where would jurisdiction be held at? If it could be held in your State, it would be more convienent to settle things for the person who got scammed, obviously not for the person defending. Also filing a small claims is somewhere around a $15 dollar fee and you have to be 18 years or older..and the claim amount i think can be no more then $3000 for the simple small claims court. You simply provide your evidence of payments, emails, or any documents to the judge upon court date that you did pay and he did not send out a product.

The reason i ask this is to find out ways to get scammers to legally return ur money or send you ur product, this will hopefully resolve things and scammers will think twice about scamming...

SO any Law knowledge people can add to this on what and what cannot be done!

Thanks!

 

They have to come to your state, unless a contract states otherwise. You might want to check and see if paypal is a "contract," and if so, they might say what state.

But generally it's the state of the complaintiff.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by xTravBx &raquo;</TD></TR><TR><TD CLASS="quote">They have to come to your state, unless a contract states otherwise. You might want to check and see if paypal is a "contract," and if so, they might say what state.

But generally it's the state of the complaintiff.</TD></TR></TABLE>

i thought you had to go to their state.. i read this a while back that you have to go to the state the seller lives

 

Nope.. I'm in business law, plus I asked a lawyer buddy of mine. The plaintiff only goes to the other persons state if it was predetermined a binding contract.

 

and people wander why i wont send them 1600 dollars for a turbo kit. this is why folks becuz u cant trust anybody!!

 

ok! so thats good then...if you get scammed! file a small claims law suit against that person and take their *** to court! only a small fee to pay for filing...hell for 15 bucks at least thats what it cost here in oklahoma to file..im willing to it everytime i get screwed over...is that easy????

 

I wonder too because im trying to deal with a scammer as we speak.Im located in California and I was told that California has no jurisdiction over out of towners so the only way he would be able to get served from california is if he was down here for business,pleasure etc etc.So now Im trying to get the papers to go to small claims court from his state which means I will have to travel to his state to resolve this which is more benifical to him,not me

 

^^ that is exactly what i'm talking about... at least californians not sure about others, have to travel to scammer's state

 

dam that sucks!