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Ask Moe Manser Your Own Question
Moe Manser
Moe Manser, Paralegal
Category: Criminal Law
Satisfied Customers: 162
Experience:  President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State
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I purchased an item through the ebay bid process, paid for ...

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I purchased an item through the ebay bid process, paid for the item and now the seller won''t send it or respond to my attempts at contact. This case involves 4 separate ebay items, (rolls of 20 morgan silver dollars of high value date and condition) with a total value of more that $3400.00 and the largest single value of the auctions was about $1400.00. Can I sue? How long to I have to file? I live in Washington State and the Seller lives in Kentucky so which court would have jurisdiction? In addition to emails and attempted phone calls I have sent the seller properly formatted letters requesting payment and do have the seller signature as receiving them. Thank you.
DearCustomerbr />
The US constitution dictates that in order to file a lawsuit, a person needs to have standing. Standing means that you personally were wronged, you suffered harm, and that the court will have a way to compensate you, usually by imposing a monetary penalty on the liable party.

Determine the jurisdiction

If you have the standing to bring in a lawsuit, then your next step would be to determine which court has got the jurisdiction to hear the case. There are two kinds of jurisdiction, personal jurisdiction and subject matter jurisdiction.

Personal jurisdiction

Personal jurisdiction would determine whether or not a particular state court could hear the case. This is determined at a base level, by whether the defendant had some minimum contact with the state in question. Most often, several courts have competent jurisdiction, and you have the option to file it in your state or the defendant's state.

Subject matter jurisdiction

This jurisdiction decides whether you should bring the case to a state or federal court.

If the cause action for the case concerns federal law then the action must be brought to the federal court. Cases like discrimination claims could be brought either under state or federal claw, so you have the choice to select among the state and federal courts.

A lawsuit could also be brought to the federal court if the parties involved are from different states- called as diversity of citizenship and the claim is for more than $75,000.

In your case I see more fraud, then refusal to deliver. I recommend that You contact the State police where the individual lives, and file a report. Second contact the secret service and file a report with them as well, because of the fact that this transaction took place over the internet, they will usually respond quickly.

Good Luck

Regards

Moe

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