Suing Ebay.

[Fuji Apples]

Thank you. I will make a statement and send it to ebay. I will proceed based on their response.

Thanks again!

 

[kentucky1792]

eBay's shipping calculator can be problematic with larger packages and is a known issue, however, most are gigo errors.

FedEx is the worse and a real eye-opener for inexperienced shippers of large packages when the bill comes due, mostly because they entered an incorrect dimension or wrong delivery type. Don't forget any applicable surcharges.

The actual weight of the package is no longer considered once a certain length and girth are exceeded - which is called "balloon weight", example; a 5 cubic foot helium balloon weighing a negative 5 pounds may be considered to weigh 200 pounds because of the room it takes up on the truck.

As toothless as the Better Business Breau may be it has been shown that filing a complaint with the SanJose office about eBay can bring good results, before doing so I would get your actual package dimensions, weight, delivery type, and address then double check the cost on FedEx website.

 

[Zigner]

The actual weight of the package is no longer considered once a certain length and girth are exceeded - which is called "balloon weight", example; a 5 cubic foot helium balloon weighing a negative 5 pounds may be considered to weigh 200 pounds because of the room it takes up on the truck.

It's not called "balloon weight" and your use of the phrase doesn't help anything. It's called dimensional weight (and, sometimes, volumetric weight).

As toothless as the Better Business Breau may be it has been shown that filing a complaint with the SanJose office about eBay can bring good results ...

Do you have anything to back this up?

 

[kter]

you can sue in small claims court - suing in Utah is only if arb does not apply

you can sue in small claims court using Utah law, which would be very similar to other states especially on a simple contract. The suing in Utah clause only applies for cases outside the small claims range, where arbitration does not apply. For small claims you do not have to go to Utah. You can sue in your state. Go to small claims court - it is very informal. Generally only a company needs an attorney in small claims court. Write the details of your complaint in chronological order and take the documents to prove your case - emails, bills etc. to court with you on the day of trial. Generally there is a legal aid office in the courthouse where you can get help in filling out details. When you get judgment you will also be able to recover your court fees.

It is also a great experience. Judges are generally very helpful when they know you are honest. The Rules of Evidence do not apply to small claims court in general, except for the rule relating to competency. One person has given you a link to Utah law. Use it and do your research. You may be able to view Utah law in your own law library with the help of a law librarian, where you maybe able to access the Utah law library resources, with links to Lexis - a law site that may have the entire Utah code (relevant law) online. Note that it is NOT complicated. Utah law that applies is not the procedural law but the substantive law - the principles that, I am almost certain would be very like your own state, unless you are in Louisiana, which apparently has a different system and i am not sure how different. The procedural laws that apply like the time within which you can bring an action or how an action should be filed or the fees you pay, are the laws of your state.

Law libraries and their librarians are a great asset - talk to them. It is free!

Remember time limits - there are time limits to sue. For example a simple promise that is breached may be actionable only within 3 years from the time of the breach etc.

What is the name of your state (only U.S. law)? NY

Hello, I am in need of help.

In summary, I am trying to sue ebay in small claims court in Brooklyn, NY. I need help with figuring out small details.

To clarify my reasons: Sum that I am fighting for is very small ($170) and by 99% will be considered not worth it. I am not doing this for money but because that sum rightfully belongs to me. After calling ebay for 5 months and hoping their customer support will resolve this issue, but as a result ebay ended up totally neglecting my interest and showed absolutely zero concern, and I am determined to get to the bottom of this.

There will be no lawyer since sum is very small. I will be representing myself.

Plan of action:

a) Collecting all proof and evidence. Making a “statement”?
b) Writing physical letter to ebay, stating that I am planning to sue ebay in Small claims court in 3 weeks time after sending physical letter.
c) If no response achieved by ebay proceed to Small Claims Court.

I have never been to small claims court. From what I’ve read so far (forgive me for lack of information, I will read more about it in couple days) I need to attend small claims court, pay fee, present my statement and evidence, and if court representative will think that the case is valid will proceed with starting a process.

Please let me know if:
a) it’s not as complicated as I think and even for a small sum it’s still worth a try.
b) My plan is correct.
c) Any suggestions if you have them.

Thank you,

Bulat.

 

[quincy]

you can sue in small claims court using Utah law, which would be very similar to other states especially on a simple contract. The suing in Utah clause only applies for cases outside the small claims range, where arbitration does not apply. For small claims you do not have to go to Utah. You can sue in your state. Go to small claims court - it is very informal. Generally only a company needs an attorney in small claims court. Write the details of your complaint in chronological order and take the documents to prove your case - emails, bills etc. to court with you on the day of trial. Generally there is a legal aid office in the courthouse where you can get help in filling out details. When you get judgment you will also be able to recover your court fees.

It is also a great experience. Judges are generally very helpful when they know you are honest. The Rules of Evidence do not apply to small claims court in general, except for the rule relating to competency. One person has given you a link to Utah law. Use it and do your research. You may be able to view Utah law in your own law library with the help of a law librarian, where you maybe able to access the Utah law library resources, with links to Lexis - a law site that may have the entire Utah code (relevant law) online. Note that it is NOT complicated. Utah law that applies is not the procedural law but the substantive law - the principles that, I am almost certain would be very like your own state, unless you are in Louisiana, which apparently has a different system and i am not sure how different. The procedural laws that apply like the time within which you can bring an action or how an action should be filed or the fees you pay, are the laws of your state.

Law libraries and their librarians are a great asset - talk to them. It is free!

Remember time limits - there are time limits to sue. For example a simple promise that is breached may be actionable only within 3 years from the time of the breach etc.

This thread is from July, the proper defendant needs to be identified before a suit can be filed - and some of what you wrote is incorrect or confused. And eBay may not be the proper defendant.

 

[kter]

I have sued ebay and paypal and have access to their user agreement

Not sure what you find incorrect. more details would be helpful. I have sued both and got one judgment in my favor. The other was settled prior to trial. [I initially said I got two judgments] An outstanding judgment will collect legal interest. I am an attorney in MD. FYI - if a small claims action has to be initiated in Utah - it would be an unconscionable contract clause. If you read the User agreement it is subtle but clear - small claims are in the Plaintiff's state.

 

[quincy]

Not sure what you find incorrect. more details would be helpful. I have sued both and got judgments in my favor. An outstanding judgment will collect legal interest. I am an attorney in MD.

You will need to contact the administrator of this site so your credentials can be verified. There is a "contact us" at the bottom of this page.

The moderator has already been contacted for a review of this thread and your post.

We (generally) on this forum do not post to old threads because the original poster is no longer around or his legal issue already has been resolved.

Thanks.