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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88825
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Please provide me with list of appropriate forms that I need

Resolved Question:

Please provide me with list of appropriate forms that I need to submit for the small case (I asked previously). These are the details:
1. Suing amount is $4800
2. The guy left me negative feedback on ebay that is slander and he accuses me in crime with no base. I need the court decision to remove the Feedback
3. I need to ban Ebay and Paypal to withdraw $1000 that the buyer paid for the Item. This amount is less than I would like to recover from him and I would like to have at least this amount.
4. I am in Illinois, Dupage county. The defendant is in California.
5. Among the forms: should I fill the summon as well?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You are aware that to sue this individual in small claims court and obtain personal jurisdiction over him, you would have to sue in CA where he is located as the small claims courts have no type of long arm jurisdiction and have very limited jurisdiction.

The IL small claims court could not take jurisdiction even if it had long arm jurisdiction power and even if he did business one time in IL (he really did not intend to do business in IL, he happened to buy online from someone who was in IL) and that would not meet the sufficient contacts with the forum state that the court's require to establish personal jurisdiction over the individual (unlike a corporation or business who intentionally routinely conducts business in a state, this is a buyer who made a one time purchase from you who happened to be in IL). See: International Shoe v. Washington, 326 U.S. 310 (1945).

Here is the CA Small Claims Court page, which provides a variety of self-help information. Here are the CA Small Claims forms you will need to file with the court: Form SC 100, SC 104 (or 104A, depending on how you serve the person), SC 112A (again depending on if you serve by mail).

You can file the forms in CA by mail (and fax in some courts), but at some point you will have to go to CA for trial (and the reasonable cost of travel to pursue your suit is something you could seek to recover in small claims as long as it does not put you over the limit in CA of $10,000).



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Customer: replied 1 year ago.
I do not want to go to California. He paid for the TV $1000 and that sum is still on my account. It is OK if I can recover that much.
All I need is to have a court decision not to withdraw this amount from my account and to remove the negative feedback.
Could you provide with list of the form that I ask?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I went to review your previous question and I am afraid that i disagree with your previous expert regarding jurisdiction. However, I will gladly provide you the IL forms for small claims court and wish you the best, XXXXX XXXXX our site is not to blame for providing you incorrect information if your case is dismissed in IL for lack of personal jurisdiction as the IL court has no jurisdiction over this buyer to order anything.

In IL it is Form 3310, the small claims complaint and Form 3312, Summons. Here is the DuPage site where you can also search for other forms you might need.

Customer: replied 1 year ago.
In your opinion: would Ebay take IL court order to remove the negative feedback and to cancel the money withdrawal from my account?
Also, I am aware of those forms that you advice. Please, I need forms that will ban Ebay from the money withdrawal and to remove the feedback. What is the name of these forms?
Expert:  Law Educator, Esq. replied 1 year ago.
I am afraid that is no other special form to ban ebay from the money withdrawal and remove the feedback. You have to file suit first and obtain a judgment and then you can ask the court to issue an order to eBay to remove the feedback, but you cannot get a court order to eBay to not remove the money, that is between you and the buyer. I am afraid you are now asking for something that does not exist.

Yes, eBay will take an order from the IL court or any court as long as it has proper jurisdiction over the party to issue the order, which is why you have to sue the proper party, the buyer, and get a judgment against them.
Customer: replied 1 year ago.
Thank you very much. One last question please as you stated: can ask the court to issue an order to eBay to remove the feedback...
How should I do that? Is it verbal (that I should ask the Judge for instance) or there is a specific form?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

There is no form other than the forms you have. In your complaint when you fill out the complaint forms as part of your damages you would ask the court to issue an order to remove the feedback. It is not verbal, it is a part of your request for relief/damages and you fill it out in the complaint form and ask for it.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88825
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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