Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Please provide me with list of appropriate forms that I need

to submit for the small...
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?
Show More
Show Less
Ask Your Own Legal Question
Answered in 25 minutes by:
5/22/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,566
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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).



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Ask Your Own Legal Question
Customer reply replied 4 years 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?
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.

Ask Your Own Legal Question
Customer reply replied 4 years 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?
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.
Ask Your Own Legal Question
Customer reply replied 4 years 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?
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.
Category: Legal
Satisfied Customers: 119,566
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,566
119,566 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

119,566 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a small claim summons against my neighbor and i am
I have a small claim summons against my neighbor and i am due for mediation on the 28th Nov. My neighbor has an attorney and i have received a defendants notice to dismiss plaintiffs statement of clai… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I had a small claims case. A witness was not sworn in by the
I had a small claims case. A witness was not sworn in by the judge before answering questions and told lies. Can I request a new hearing because she didn't take the oath first … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
If I lose in small claims court, will I be responsible for
If I lose in small claims court, will I be responsible for plaintiff's court fees? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,659 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,659 satisfied customers
I went to small claims court and was able to reach a
I went to small claims court and was able to reach a settlement out of court for 10K from my previous employers. Can they tax it? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I am the victim of mistaken identity in a small claims
I am the victim of mistaken identity in a small claims judgement against my son Darral Lee Spurgeon Jr., I am Darral Lee Spurgeon Sr.. Summit Judgement Recovery LLC (Ronald Richards) has filed a Levyi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,566 satisfied customers
Small claims. Small cliam on flooring compamy 2,000. No not
small claims would b good to waste your time, do u have any thoughswhat what I can… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
California small claims with judgement entered: When you
California small claims with judgement entered: When you file a MC-012 for memorandum of cost, will it be added to the total amount the defendant owes you? Or you have to file EJ-130 as well in order … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
Can a person take someone to small claims for under the
Can a person take someone to small claims for under the table cash for hrs they think they have coming ? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Can a person file a small claims complaint against an
Can a person file a small claims complaint against an insurance company whose home base is out of state and demand their presence in Texas. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I have a small claims case with a previous tenant that
I have a small claims case with a previous tenant that damaged my apartment. She had damaged the apartment while she was living there and I found more damages after she moved. After I told her that sh… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
I represented myself in small claims. (This happened
I represented myself in small claims. (This happened yesterday) The Attorney called me today and said I lost. I owe them 1600.00.The Attorney called me three times at work and was harassing me to pay.… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Is is possible for a small claims judge to also issue a
Is is possible for a small claims judge to also issue a cease and desist order? or are they separate jurisdiction? San Bernadino county, California … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I will be suing an individual in Small Claims Court in NYC
I will be suing an individual in Small Claims Court in NYC for breach of contract. My claim is for about $4100 plus about $500 interest for the non-payment, calculated at 9%, which I believe is the ra… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
Small Claims, A Situation With A Person Dealing With The
Small Claims, A Situation With A Person Dealing With The Western Union, And A Investment Firm.. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x