Legal Question in Consumer Law in California

Small Claims Proceedings In CA

Purchased a PC on Ebay that was sold to include software CD's & arrived without. Conversations with seller (Emails) concluded with there telling me sell is final or send PC back + 15 % restocking fee - if not have nothing further to discuss. Paid by credit card so I placed the purchase in dispute getting $ back. Buyer notified the police & FBI so he said about this case & filed Claim with WI Consumer Affairs. Sent requesting agencies copies or our Emails that clearly show my interest in settling situation VS. there series of none interest and a series of esculating threats. All government agencies resolved themself from situation & understandable so. Now he is threating to file claim in small claims court in CA - I live in WI. How best can I defend myself in this situation other than hiring an attorney (assumming they will not negotiate a settlement)? What protection do I have against a civil judgement issued in Ca while I live in WI? Is my best approach to file a small claims judgement against them in WI or what?

Thanks for your assistance with this issue and if I can provide further information that might be helpful let me know?


Asked on 9/30/05, 8:46 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Small Claims Proceedings In CA

My best guess is the CA small claims courts don't have personal jurisdiction over you for this type of case. Were these "software CDs" legitimate? I suspect not, in which case you really have no beef against the seller (and the seller will not want to take you to court)..

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Answered on 9/30/05, 9:14 pm


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