Legal Question in Civil Litigation in California

I am an ebay seller who lives in California and wants to take an ebay buyer to small claims court for claiming an item was not working properly, but when the item was received back to me, it was severely damaged (the item sold for $400). T I have reached out to the buyer for restitution but i am not getting anywhere and now i am out $400. Can i sue them although they live in another state?


Asked on 10/18/16, 1:03 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

Probably not.

You can pursue an action in small claims court ONLY IF you can serve the defendant in California. You cannot pursue the action if the only way you can serve the papers is to do so in some other state. So, unless the defendant comes to California and you serve him while he or she is here, small claims court is not an option.

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Answered on 10/19/16, 7:48 am


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