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Posted: 2/20/2016 5:43:27 PM EDT
[#1]
I like this reply from your original thread.
Quoted:
See his BS letter and raise him the FBI Counterfeit Division: Stop Fraud ETA - Where was it shipped from? Does it have any import documents on the package? Link to the fake on eBay? |
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Posted: 2/20/2016 5:44:31 PM EDT
[#2]
Not a lawyer, but I do know that typically a small claims case like that must take place in the defendants state of residence.
Have you called the court in Utah to verify the summons is legit? |
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Posted: 2/20/2016 5:47:54 PM EDT
[#3]
Quote HistoryQuoted: Not a lawyer, but I do know that typically a small claims case like that must take place in the defendants state of residence. Have you called the court in Utah to verify the summons is legit? Never been to Utah in my life. |
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Posted: 2/20/2016 5:52:05 PM EDT
[#4]
Quote HistoryQuoted:
Not yet. I just got it today, was planning to call monday. He checked the box that said "The events happened within the jurisdiction of the court." Never been to Utah in my life. Quote HistoryQuoted:
Quoted:
Not a lawyer, but I do know that typically a small claims case like that must take place in the defendants state of residence. Have you called the court in Utah to verify the summons is legit? Never been to Utah in my life. If it is legit it sounds like he lied on the form. Talk to the court clerk and explain that you reside in another state, were never in Utah, and this case stems from an internet mail order transaction and ask how you should proceed. |
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Posted: 2/20/2016 5:52:31 PM EDT
[#5]
Have you contacted eBay? I had a similar case 1.5 years ago and their security department handled the entire situation for me. It is important that you have documentation of any shipments and communication.
I can't say enough good about how they handled it. |
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Posted: 2/20/2016 5:56:46 PM EDT
[#6]
Quote HistoryQuoted: Have you contacted eBay? I had a similar case 1.5 years ago and their security department handled the entire situation for me. It is important that you have documentation of any shipments and communication. I can't say enough good about how they handled it. |
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Posted: 2/20/2016 5:58:56 PM EDT
[#7]
Ebay....
Contact them. Then Fed's Google the courthouse it was filed in. Call them. To make sure it's not a bogus claim. |
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Posted: 2/20/2016 6:01:18 PM EDT
[#8]
Quote HistoryQuoted:
I tried calling them today, but I could't get a live person on the phone. I'll try that again and see if I can get a different department. Quote HistoryQuoted:
Quoted:
Have you contacted eBay? I had a similar case 1.5 years ago and their security department handled the entire situation for me. It is important that you have documentation of any shipments and communication. I can't say enough good about how they handled it. As I remember, I reported the seller/item and they contacted me. At that point I had a direct line to their investigative dept. They were awesome from the refunding of my $ to banning the other party. The best of luck. |
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Posted: 2/21/2016 5:34:08 AM EDT
[#9]
Courts have gone both ways on the issue of jurisdiction. That is, some courts have found that a party to an eBay transaction can be used in the plaintiff's state. Others have found that the plaintiff's court lacks jurisdiction. The issue is the language of the state's long arm statute and courts' interpretation of that statute.
You'd need to see how Utah handles this. It looks like he tries to get around the issue of personal jurisdiction by inserting a forum selection provision. Not sure how a Utah court would interpret that. Due to the nature of this item. We will extend a 3 day no fire inspection period. If during this period the item does not meet buyers expectations we will offer a refund. Given the following conditions are met. Buyer notifies us via contact buyer that they want to return item do not attempt to return the item through the e bay system this will add time to the return process and limit what we can do to fix problem and may void the return entirely.So once again just contact us through email or the contact seller button. Buyer will leave positive or no feedback at all nor post anything negative.Buyer pays all shipping cost. Item is returned in the exact condition sent out with no marks or signs of wear or alteration item can not be fired. If all these terms are met we will gladly issue a refund upon receipt of item back. If any of these conditions are not met we will not issue a refund of any kind. Buyer also agrees that if a claim arises over the return or negative remarks being left we reserve the right to collect it civilly and buyer agrees the the venue and jurisdiction will be Ogden Utah's Second District court.If the need to pursue this civilly arises or false feedback is left buyer agrees to restocking fee of a minimum $500 plus any additional time and fees incurred while filing civil case. A few other things stand out, including the minimum $500 "restocking fee." That's a penalty, not a fee, and penalties are generally looked down upon and often not enforceable. It also seems like he's trying to contract around the terms of his contract with eBay. I'm sure eBay would be interested to know that. A few suggestions: 1) Contact a Utah attorney 2) Contact the Utah AG's office 3) Contact eBay 4) Kindly ask Mr. Larue to give you a statement that the item is fraudulent. He might be willing to do this if you buy a legit one from him. He's a member here. 5) If shipped via USPS, contact the USPS and report mail fraud 6) The clerk's office or the court's website should be able to give you information about how to file a motion for a continuance. The court probably has a form for this. You should be able to file by mail. Generally, you'll need to send a copy to the court and the other party. I've never seen a court that wouldn't grant at least one. Talk to a Utah attorney before doing this, as you may need to do so via special appearance to avoid admitting to jurisdiction over you. Lastly, don't ignore this as it'll only get harder to fix if he secures a default judgment. |
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Posted: 2/21/2016 7:46:18 AM EDT
[#10]
Make sure you screen shot the listing. Get LaRue to verify it as fake, file a report with the FBI.
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Posted: 2/21/2016 8:53:04 AM EDT
[#11]
Quote HistoryQuoted:
Courts have gone both ways on the issue of jurisdiction. That is, some courts have found that a party to an eBay transaction can be used in the plaintiff's state. Others have found that the plaintiff's court lacks jurisdiction. The issue is the language of the state's long arm statute and courts' interpretation of that statute. You'd need to see how Utah handles this. It looks like he tries to get around the issue of personal jurisdiction by inserting a forum selection provision. Not sure how a Utah court would interpret that. A few other things stand out, including the minimum $500 "restocking fee." That's a penalty, not a fee, and penalties are generally looked down upon and often not enforceable. It also seems like he's trying to contract around the terms of his contract with eBay. I'm sure eBay would be interested to know that. A few suggestions: 1) Contact a Utah attorney 2) Contact the Utah AG's office 3) Contact eBay 4) Kindly ask Mr. Larue to give you a statement that the item is fraudulent. He might be willing to do this if you buy a legit one from him. He's a member here. 5) If shipped via USPS, contact the USPS and report mail fraud 6) The clerk's office or the court's website should be able to give you information about how to file a motion for a continuance. The court probably has a form for this. You should be able to file by mail. Generally, you'll need to send a copy to the court and the other party. I've never seen a court that wouldn't grant at least one. Talk to a Utah attorney before doing this, as you may need to do so via special appearance to avoid admitting to jurisdiction over you. Lastly, don't ignore this as it'll only get harder to fix if he secures a default judgment. Quote HistoryQuoted:
Courts have gone both ways on the issue of jurisdiction. That is, some courts have found that a party to an eBay transaction can be used in the plaintiff's state. Others have found that the plaintiff's court lacks jurisdiction. The issue is the language of the state's long arm statute and courts' interpretation of that statute. You'd need to see how Utah handles this. It looks like he tries to get around the issue of personal jurisdiction by inserting a forum selection provision. Not sure how a Utah court would interpret that. Due to the nature of this item. We will extend a 3 day no fire inspection period. If during this period the item does not meet buyers expectations we will offer a refund. Given the following conditions are met. Buyer notifies us via contact buyer that they want to return item do not attempt to return the item through the e bay system this will add time to the return process and limit what we can do to fix problem and may void the return entirely.So once again just contact us through email or the contact seller button. Buyer will leave positive or no feedback at all nor post anything negative.Buyer pays all shipping cost. Item is returned in the exact condition sent out with no marks or signs of wear or alteration item can not be fired. If all these terms are met we will gladly issue a refund upon receipt of item back. If any of these conditions are not met we will not issue a refund of any kind. Buyer also agrees that if a claim arises over the return or negative remarks being left we reserve the right to collect it civilly and buyer agrees the the venue and jurisdiction will be Ogden Utah's Second District court.If the need to pursue this civilly arises or false feedback is left buyer agrees to restocking fee of a minimum $500 plus any additional time and fees incurred while filing civil case. A few other things stand out, including the minimum $500 "restocking fee." That's a penalty, not a fee, and penalties are generally looked down upon and often not enforceable. It also seems like he's trying to contract around the terms of his contract with eBay. I'm sure eBay would be interested to know that. A few suggestions: 1) Contact a Utah attorney 2) Contact the Utah AG's office 3) Contact eBay 4) Kindly ask Mr. Larue to give you a statement that the item is fraudulent. He might be willing to do this if you buy a legit one from him. He's a member here. 5) If shipped via USPS, contact the USPS and report mail fraud 6) The clerk's office or the court's website should be able to give you information about how to file a motion for a continuance. The court probably has a form for this. You should be able to file by mail. Generally, you'll need to send a copy to the court and the other party. I've never seen a court that wouldn't grant at least one. Talk to a Utah attorney before doing this, as you may need to do so via special appearance to avoid admitting to jurisdiction over you. Lastly, don't ignore this as it'll only get harder to fix if he secures a default judgment. IANAL but this seems like good advice. Dont forget to keep written records, and you can probably counter sue to recoup costs and lost wages. |
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Posted: 2/21/2016 9:08:13 AM EDT
[#12]
Go and counter sue for expenses. Enjoy vacation.
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Posted: 2/21/2016 10:16:41 AM EDT
[#13]
Wow! What a total POS that guy is. I'd take davewvu86's advice. Go after the POS at all angles. I'd love to see Larue & the Feds go after him for selling bootlegged junk.
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Posted: 2/21/2016 12:13:14 PM EDT
[#14]
Can the terms and conditions in the ad over ride the terms and conditions eBay users agree to?
I don't really know all of the eBay terms and conditions but it seems like some of the things in that ad don't comply with eBay rules. I would talk to eBay for sure. That might put and end to it. |
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Posted: 2/21/2016 12:32:52 PM EDT
[#15]
Quote HistoryQuoted: Can the terms and conditions in the ad over ride the terms and conditions eBay users agree to? I don't really know all of the eBay terms and conditions but it seems like some of the things in that ad don't comply with eBay rules. I would talk to eBay for sure. That might put and end to it. The problem is I can't get a real person from eBay on the phone. They say they have operators standing by, but every time I call I get a recording that doesn't tell me anything that is not on the website. I sent a message to the UT AG regarding jurisdiction, not sure if that will go anywhere. I'm trying to keep it as cheap as possible. Based on the seller's actions, I think he's desperate. He has a lot of negative feedback on the account I bought from, and even started a new account with zero feedback to list another Larue rail. Even if I win and get attorney's fees, expenses, etc. I doubt if I would collect. |
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Posted: 2/21/2016 12:43:26 PM EDT
[#16]
I believe the Federal Trade Commission enforces the consumer protections of the Fair Debt Collections Practices Act. Call them and see if the venue provisions of that act apply to the plaintiff. Consumer debt collectors are required to sue in the defendants place of residence, but I'm not sure if that applies to this or not.
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Posted: 2/22/2016 12:52:48 AM EDT
[#17]
OP:
I imagine you've already read through the basic rules for small claims court in Utah. The "Where to File" section says, "A small claims case must be filed in the justice court where the defendant resides or where the claim arose (where the events happened)". Since you live in Texas, this would definitely be a good reason to call the courthouse where the claim was filed. I read the seller's supposed terms and conditions on their listing page. He is explicitly not allowed to prohibit negative feedback. Keep pushing for a refund through eBay's system, but definitely call the court tomorrow. Please post an update. On behalf of the rest of us Utah residents, sorry you had to run in to this douchebag. |
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Posted: 2/22/2016 11:03:12 AM EDT
[#18]
I would also question whether you can even serve someone via certified mail. Most courts require hand service of summons and complaint.
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Posted: 2/22/2016 11:04:44 AM EDT
[#19]
Quote HistoryQuoted:
I would also question whether you can even serve someone via certified mail. Most courts require hand service of summons and complaint. It's not unusual for courts to allow certified mail |
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Posted: 2/22/2016 12:53:31 PM EDT
[#20]
Quote HistoryQuoted: It's not unusual for courts to allow certified mail Quote HistoryQuoted: Quoted: I would also question whether you can even serve someone via certified mail. Most courts require hand service of summons and complaint. It's not unusual for courts to allow certified mail |
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Posted: 2/22/2016 1:20:42 PM EDT
[#21]
Quote HistoryQuoted:
His terms and conditions should not be valid. But even if they are, I did abide by them. I contacted him first without using the return request system, and he refused the return. And I still have the item, and have not done a chargeback as he has claimed, so he has no case. The problem is I can't get a real person from eBay on the phone. They say they have operators standing by, but every time I call I get a recording that doesn't tell me anything that is not on the website. I sent a message to the UT AG regarding jurisdiction, not sure if that will go anywhere. I'm trying to keep it as cheap as possible. Based on the seller's actions, I think he's desperate. He has a lot of negative feedback on the account I bought from, and even started a new account with zero feedback to list another Larue rail. Even if I win and get attorney's fees, expenses, etc. I doubt if I would collect. Quote HistoryQuoted:
Quoted:
Can the terms and conditions in the ad over ride the terms and conditions eBay users agree to? I don't really know all of the eBay terms and conditions but it seems like some of the things in that ad don't comply with eBay rules. I would talk to eBay for sure. That might put and end to it. The problem is I can't get a real person from eBay on the phone. They say they have operators standing by, but every time I call I get a recording that doesn't tell me anything that is not on the website. I sent a message to the UT AG regarding jurisdiction, not sure if that will go anywhere. I'm trying to keep it as cheap as possible. Based on the seller's actions, I think he's desperate. He has a lot of negative feedback on the account I bought from, and even started a new account with zero feedback to list another Larue rail. Even if I win and get attorney's fees, expenses, etc. I doubt if I would collect. I've called Ebay a bunch of times. Your not using the right number if your not getting anyone. |
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Posted: 2/22/2016 1:21:56 PM EDT
[#22]
Quote HistoryQuoted:
OP: I imagine you've already read through the basic rules for small claims court in Utah. https://www.utcourts.gov/howto/smallclaims/ The "Where to File" section says, "A small claims case must be filed in the justice court where the defendant resides or where the claim arose (where the events happened)". Since you live in Texas, this would definitely be a good reason to call the courthouse where the claim was filed. I read the seller's supposed terms and conditions on their listing page. He is explicitly not allowed to prohibit negative feedback. http://pages.ebay.com/help/policies/feedback-extortion.html Keep pushing for a refund through eBay's system, but definitely call the court tomorrow. Please post an update. On behalf of the rest of us Utah residents, sorry you had to run in to this douchebag. Agreed, he has filed a fraudulent court case and they should know. Fair Debt Act states you must sue the defendant in the state they reside. |
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Posted: 2/22/2016 1:25:39 PM EDT
[#23]
Quote HistoryQuoted: Agreed, he has filed a fraudulent court case and they should know. Fair Debt Act states you must sue the defendant in the state they reside. Quote HistoryQuoted: Quoted: OP: I imagine you've already read through the basic rules for small claims court in Utah. https://www.utcourts.gov/howto/smallclaims/ The "Where to File" section says, "A small claims case must be filed in the justice court where the defendant resides or where the claim arose (where the events happened)". Since you live in Texas, this would definitely be a good reason to call the courthouse where the claim was filed. I read the seller's supposed terms and conditions on their listing page. He is explicitly not allowed to prohibit negative feedback. http://pages.ebay.com/help/policies/feedback-extortion.html Keep pushing for a refund through eBay's system, but definitely call the court tomorrow. Please post an update. On behalf of the rest of us Utah residents, sorry you had to run in to this douchebag. Agreed, he has filed a fraudulent court case and they should know. Fair Debt Act states you must sue the defendant in the state they reside. |
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Posted: 2/22/2016 2:19:46 PM EDT
[#24]
Well, ebay can get my money back, but thats it. They don't seem to care about his "return policy" either.
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Posted: 2/22/2016 4:24:11 PM EDT
[#25]
Quote HistoryQuoted: Doesn't seem like the Fair Debt Collection Practices Act would apply. I don't know anything about utah law though or how you would get jurisdiction over someone out of state. I'd call the court if I was not an attorney and start there. They usually will brush you off with "I can't give legal advice" but it's worth a shot. Then I'd read the jurisdictional statutes Quote HistoryQuoted: Quoted: Quoted: OP: I imagine you've already read through the basic rules for small claims court in Utah. https://www.utcourts.gov/howto/smallclaims/ The "Where to File" section says, "A small claims case must be filed in the justice court where the defendant resides or where the claim arose (where the events happened)". Since you live in Texas, this would definitely be a good reason to call the courthouse where the claim was filed. I read the seller's supposed terms and conditions on their listing page. He is explicitly not allowed to prohibit negative feedback. http://pages.ebay.com/help/policies/feedback-extortion.html Keep pushing for a refund through eBay's system, but definitely call the court tomorrow. Please post an update. On behalf of the rest of us Utah residents, sorry you had to run in to this douchebag. Agreed, he has filed a fraudulent court case and they should know. Fair Debt Act states you must sue the defendant in the state they reside. Looks like I'm going to need a UT lawyer. Any way to find one other than Avvo? They look like a bunch of ambulance chasers. |
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Posted: 2/22/2016 4:41:14 PM EDT
[#26]
I'd ask in the utah forum here, you can look at Martindale Hubbel but they're going to give you a list of $ 400 an hour better call saul guys
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Posted: 2/25/2016 10:44:26 AM EDT
[#27]
Utah lawyer here (but not your Utah lawyer). Good job on not ignoring it.
Look for a solo attorney or a 2 person office up in Ogden (should be plenty--I'll ask around); you want someone close as paying for a couple of hours of travel time will already be a big chunk of the disputed amount. Also, don't take the statement from the court clerk that the complaint is legitimate to mean anything more than he checked the right boxes and paid the filing fee. A hypothetical situation like this presents a few different issues. First is the question of whether the court can exercise power of you as a non-Utahn (ignoring his terms that say you consent to litigation in Utah). Without doing any research, I'd guess probably not as I doubt an eBay purchase makes you have the "minimum contacts" with the state. Also the question of whether a forum selection clause ("I agree that any lawsuit happens in Utah") overrides the eBay standard terms and conditions. Then, as a substantive matter, you have the issue of whether you actually violated the terms of the sale (and whether his terms override any contradictory eBay terms). There's probably an eBay policy somewhere that an item that's not as described or is a counterfeit is the responsibility of the seller regardless of other provisions. |
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Posted: 2/25/2016 10:55:09 AM EDT
[#28]
Quote HistoryQuoted: Utah lawyer here (but not your Utah lawyer). Good job on not ignoring it. Look for a solo attorney or a 2 person office up in Ogden (should be plenty--I'll ask around); you want someone close as paying for a couple of hours of travel time will already be a big chunk of the disputed amount. Also, don't take the statement from the court clerk that the complaint is legitimate to mean anything more than he checked the right boxes and paid the filing fee. A hypothetical situation like this presents a few different issues. First is the question of whether the court can exercise power of you as a non-Utahn (ignoring his terms that say you consent to litigation in Utah). Without doing any research, I'd guess probably not as I doubt an eBay purchase makes you have the "minimum contacts" with the state. Also the question of whether a forum selection clause ("I agree that any lawsuit happens in Utah") overrides the eBay standard terms and conditions. Then, as a substantive matter, you have the issue of whether you actually violated the terms of the sale (and whether his terms override any contradictory eBay terms). There's probably an eBay policy somewhere that an item that's not as described or is a counterfeit is the responsibility of the seller regardless of other provisions. I'd also contact ICE as they tend to have jurisdiction over counterfeit items being imported. |
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Posted: 2/25/2016 2:09:04 PM EDT
[#29]
Quote HistoryQuoted: Utah lawyer here (but not your Utah lawyer). Good job on not ignoring it. Look for a solo attorney or a 2 person office up in Ogden (should be plenty--I'll ask around); you want someone close as paying for a couple of hours of travel time will already be a big chunk of the disputed amount. Also, don't take the statement from the court clerk that the complaint is legitimate to mean anything more than he checked the right boxes and paid the filing fee. A hypothetical situation like this presents a few different issues. First is the question of whether the court can exercise power of you as a non-Utahn (ignoring his terms that say you consent to litigation in Utah). Without doing any research, I'd guess probably not as I doubt an eBay purchase makes you have the "minimum contacts" with the state. Also the question of whether a forum selection clause ("I agree that any lawsuit happens in Utah") overrides the eBay standard terms and conditions. Then, as a substantive matter, you have the issue of whether you actually violated the terms of the sale (and whether his terms override any contradictory eBay terms). There's probably an eBay policy somewhere that an item that's not as described or is a counterfeit is the responsibility of the seller regardless of other provisions. My biggest issue is finding a lawyer that will deal with a low-dollar case. I asked for help on Avvo and got one reply from a Utah lawyer, but hes in Provo. eBay has now completely removed the listing. There is now a message on my Purchase History page that says: "We had to remove this listing from the site and you're not required to complete the transaction. If you've already sent payment, the sale should process as normal and you don't have anything to worry about. If you have any questions about delivery, please check tracking or contact your seller. If you run into any trouble along the way eBay is here to help. Please visit the Resolution Center to help resolve any problems you may encounter." |
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Posted: 2/25/2016 3:14:27 PM EDT
[#30]
Avvo is treated like junk mail by most lawyers since a lot of the referrals are things like "I have no job, no money, and no case, but I want to sue the Governor, president Obama, and my in-laws"
I PM'd you a possible reference. |
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Posted: 2/27/2016 8:45:55 AM EDT
[#31]
Can you file a response and motion to dismiss through the mail?
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Posted: 2/27/2016 2:06:50 PM EDT
[#32]
Quote HistoryQuoted: Can you file a response and motion to dismiss through the mail? |
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Posted: 3/9/2016 10:21:55 AM EDT
[#33]
Quote HistoryQuoted:
Apparently not. I either have to show up personally or get a lawyer to show up. Quote HistoryQuoted:
Quoted:
Can you file a response and motion to dismiss through the mail? Are you even sure you have been served effectively? That is the first question. If you answer without raising it, you may waive it. |
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Posted: 3/9/2016 12:49:22 PM EDT
[#34]
Quote HistoryQuoted: Are you even sure you have been served effectively? That is the first question. If you answer without raising it, you may waive it. Quote HistoryQuoted: Quoted: Quoted: Can you file a response and motion to dismiss through the mail? Are you even sure you have been served effectively? That is the first question. If you answer without raising it, you may waive it. |
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Posted: 3/9/2016 2:20:50 PM EDT
[#35]
Quote HistoryQuoted:
Utah allows service by certified mail. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Can you file a response and motion to dismiss through the mail? Are you even sure you have been served effectively? That is the first question. If you answer without raising it, you may waive it. Did you sign a receipt for the certified mail? |
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Posted: 3/9/2016 2:54:47 PM EDT
[#36]
Quote HistoryQuoted: Did you sign a receipt for the certified mail? Quote HistoryQuoted: Quoted: Quoted: Quoted: Quoted: Can you file a response and motion to dismiss through the mail? Are you even sure you have been served effectively? That is the first question. If you answer without raising it, you may waive it. Did you sign a receipt for the certified mail? |
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Posted: 3/9/2016 5:30:08 PM EDT
[#37]
Quote HistoryQuoted:
Yes. I thought about dodging it, but if he wants to serve me he is going to find a way. The sooner I get it the more time I have to deal with it. Process servers cost money. Certified mail may have been his only realistic venue. |
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Posted: 3/9/2016 6:10:08 PM EDT
[#38]
Quote HistoryQuoted: Process servers cost money. Certified mail may have been his only realistic venue. Quote HistoryQuoted: Quoted: Yes. I thought about dodging it, but if he wants to serve me he is going to find a way. The sooner I get it the more time I have to deal with it. Process servers cost money. Certified mail may have been his only realistic venue. |
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Posted: 3/18/2016 3:51:13 AM EDT
[#39]
Quote HistoryQuoted:
Around here they are maybe $30-40. Quote HistoryQuoted:
Quoted:
Quoted:
Yes. I thought about dodging it, but if he wants to serve me he is going to find a way. The sooner I get it the more time I have to deal with it. Process servers cost money. Certified mail may have been his only realistic venue. I would never have signed for that. Make him track you down. |
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Posted: 4/24/2016 4:36:35 PM EDT
[#40]
So what ever happen to the OP and his court issue?
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Posted: 4/24/2016 8:34:27 PM EDT
[#41]
Quote HistoryQuoted: Process servers cost money. Certified mail may have been his only realistic venue. Quote HistoryQuoted: Quoted: Yes. I thought about dodging it, but if he wants to serve me he is going to find a way. The sooner I get it the more time I have to deal with it. Process servers cost money. Certified mail may have been his only realistic venue. |
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Posted: 4/25/2016 12:39:08 AM EDT
[#42]
Quote HistoryQuoted:
Talked to the court today. Clerk said the case is legit, and gave me the "can't give advice" line. Looks like I'm going to need a UT lawyer. Any way to find one other than Avvo? They look like a bunch of ambulance chasers. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
OP: I imagine you've already read through the basic rules for small claims court in Utah. https://www.utcourts.gov/howto/smallclaims/ The "Where to File" section says, "A small claims case must be filed in the justice court where the defendant resides or where the claim arose (where the events happened)". Since you live in Texas, this would definitely be a good reason to call the courthouse where the claim was filed. I read the seller's supposed terms and conditions on their listing page. He is explicitly not allowed to prohibit negative feedback. http://pages.ebay.com/help/policies/feedback-extortion.html Keep pushing for a refund through eBay's system, but definitely call the court tomorrow. Please post an update. On behalf of the rest of us Utah residents, sorry you had to run in to this douchebag. Agreed, he has filed a fraudulent court case and they should know. Fair Debt Act states you must sue the defendant in the state they reside. Looks like I'm going to need a UT lawyer. Any way to find one other than Avvo? They look like a bunch of ambulance chasers. Lots of attorneys use Avvo. 
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