I have a question about small claims court?? Can someone help me?

Question

i am from the state of wisconsin and i am trying to sue someone in florida in the amount of $789.00 for ebay fraud. so i have to fly to florida for the hearing. i was wondering if anyone knows if i can sue for the cost of flight or missed wages, aggravation etc... if not any of those, what else could i sue for to get some type of reimbusement for the trip there??
your answers are appreciated.
thank you

i tried called the courts and they directed me to a deputy clerk. she was not very helpful. she was very rude and careless.

i paid this guy $789 with money orders and i never received the item. he ignores my emails and phone calls. i have all the emails that were sent between the two of us, certified mail receipt with his signature when he received the money orders, copies of the cashed money orders with his signature, a police report i had filed within the city i reside in, along with a detectives report when he had talked to the ebay seller on the phone.i also have filed a complaint with the federal post office bereau in chicago illinois. but, i have everything i need to take this man to small claims court.
but i would also like to get compinsated for my flights and wages or anything else than i can collect for. because it is not fair that he doesnt have to pay me for that. he is the one that commited a federal crime.

Answer 1

Court clerks aren't allowed to give any information except administrative. By and large, Florida civil servants are genial and helpful. So either you were unlucky and got the other kind, or you pursued a line of questioning that is against his or her orders to answer.

State courts generally do not have extraterritorial jurisdiction but there are many exceptions, not likely including eBay sellers.

Your first objective with eBay fraud should be to file a claim with eBay. If you paid with PayPal you can get as much as $1,000 (less $25) back. I just got $153 back from them last week; I'll get the $25 as well if they manage to collect from the seller.

Unless you know the identity of the seller you're not going to be able to sue; so you're going to have either to sue eBay first or to subpoena the information from eBay.

Whether you can collect for lost wages and other expenses depends on whether they are foreseeable results of the fraud. In some states you can file a misdemeanor theft complaint rather than a civil fraud one, and although the standard of proof is higher it is far more unnerving and damaging to the fraudster. And if s/he is solvent may get a quick refund for you.

But what do I know. I'm not licensed in Florida.

Answer 2

I have been and honest Powerseller on Ebay for several years. I think I can help you but we need to know more. Did you receive the item? Was it damaged? Was it as represented? Was the item really sent to you? Was the item not of the value you expected?

I am sorry this happened to you but your key to winning the case is paperwork that you can show the judge: receipts. You need to save all your receipts for every expense you had concerning recouping your money: phones calls, attorney and filing fees, airline flights, transpiration gas to the airport, meals, lodging, etc. You need statements of what you paid on Ebay (Ebay can help you obtain these records and I hope you have informed them so they can help you) and what the value of the actual item is/was - or if you did not receive the item then write a statement saying the seller cannot prove they shipped the item (there should be a tracking number for the shipment - honest sellers have their receipts and you can go online and track all packages from UPS, USPS and other modes of transport). If the item was not worth what the auction stated or was in bad condition then you should have it appraised and you will need to take that paperwork, signed by an expert.

Also, print out and have on hand for the judge's scrutiny: a copy of the Ebay auction, emails sent by you and the seller, letters or correspondence pertaining to the case.

You can present all your receipts in good order with an attached statement making it easier reading for the judge and request that the judge have the seller reimburse you. This is totally at the judge's discretion and he/she may or may not decide to pay you the ancillary fees associated with collection of the return of your money.

For court: dress in a clean neat conservative manner, speak when the judge addresses you - do not get emotional or speak out of turn (judges hate outbursts), have all the pertinent paperwork and figures on hand and show them to the judge, be polite (say "yes sir" or "no sir" nicely - no cursing, pointing fingers or yelling in court - the judge will throw you out), if the person is lying to the judge you can look annoyed but do not speak.

Answer 3

Generally not in small claims court. But since the rules are relaxed, you can always ask the court for these expenses. The court may be more inclined to provide such expenses if you're truly suing for fraud (guy enticed me to give money by lying) versus breach of contract (guy didn't deliver goods as promised). Check Florida's rules for whatever their small claims court is called... it's different in every state... may be called conciliation court, small claims court, city court, etc etc. The rules should be on the Florida judiciary website. That will tell you what the parameters are for the relief that can be awarded by the small claims court judge.

Good luck.

Answer 4

you can only sue for actual damage, can not get lost wages, cost of flight etc not even aggravation

if the court finds that the person fraud you you may be able under the state consumer fraud act get treble damages

Answer 5

Call the court clerk in Florida and ask if you're allowed to tack that stuff on. And good luck!!!

If the clerk was not helpful, tack it on. The worst the judge can do is say no.

Answer 6

Cant help you on your specific question, but if you go to Ebays help -> serach by letter, f -> fraud -> there are a number of resources that might be helpful.

Answer 7

Call and find out if its possible to file the suit in your own state.

Answer 8

Those things are beyond small claims court.