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Do I have to travel out of state to sue someone in a small claims court case involving interstate E-commerce?This involves Texas law, I guess: I initiated a purchase online for $500 on ebay, no longer wanted it, and asked for a refund which the seller is not responding to. I live in TX, he lives in Maine, so can I sue him in a Texas court or will I have to travel to his state to sue him in a small claims court? Attorney answers (2)
Reputation Level 9
Answered about 2 years ago.
Divorce / Separation Lawyer in Newark, NJ.
You can sue in Texas. The seller and Ebay availed themselves to the citizens of Texas and therefore are subject to Texas jurisdiction. Good luck.
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This might be not one of those rare instances where the terms of service agreement for the operative web site (which usually dictates where and how disputes are to be handled) coincide with your actual residence. The Ebay terms of service clearly states CA is the forum state for disputes with it. And as for the seller, you may be able to sue in TX, but enforcement might be difficult given the seller's residence.
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