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Choosing an appropriate venue to file a lawsuit


Sent to Legal Experts September 27, 2007 11:45 p.m.

This is a case of internet fraud -- the person posted a classified ad online, and I responded via email. I sent money to him and got nothing - he did not send my merchandise. I know who he is and where he is. I am in Texas, he is in Louisianna. Can I file suit here in Texas and choose my county as the venue? Also, can I subpoena paypal records (to show that he took my money -- I know paypal keeps records and will disclose info only with a subpoena), and how do I do that? Thanks.

Optional Information:
McKinney, Texas

Already Tried:
Nothing yet, this just happened this week. I have filed a claim with paypal, but I anticipate that they will not give me my money back because it was not an ebay transaction. Regardless, I want to take this person to court in hopes that they won't do it to someone else.
Customer (name blocked for privacy)
Status: Closed   Value: $30   
Answer
September 28, 2007 1:49 a.m. (2 hours and 4 minutes later)
REPLIED Check Mark

hello there :)

and im sorry this happened.

i would file a claim in texas, since that is where the wrong actually took place. if you didnt send the money- i would tell HIM to file suit where youre at.

and then

i would get my bank records- since paypal takes the money out of your bank account

and you can use emails and such to match time and date and amounts and such if it is not clearly evident :)

i wasnt this fortunate when i wired money to someone for a plane ticket to guam. no pay pal back then!

i hope that helps. :)

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porsha most knowledgeable  -- Paralegal -- 100% Positive Feedback on 21 Legal Accepts
In legal field/ A.S. in Paralegal Studies since 1999, pursuing B.S. in Political Science...etc.
Reply to porsha most knowledgeable
Sent September 28, 2007 9:09 a.m. (7 hours and 19 minutes later)

How do I get subpoenas from America Online (the ISP he used to email me) and Paypal so that I have a slam dunk case? I need to prove beyond a doubt that this is the guy. I know he is, but I have to prove that to a judge. I want to get his AOL and Paypal account information. Those organizations will not provide account info to a 3rd party without a subpoena.
Customer (name blocked for privacy)
Answer
September 28, 2007 9:14 a.m. (5 minutes and 28 seconds later)

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1 Other Expert Agrees with this!

Picturervlaw  -- Lawyer (JD) -- 99% Positive Feedback on 3761 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Answer
September 28, 2007 9:24 a.m. (10 minutes and 2 seconds later)
REPLIED Check Mark

That case and cases that followed announced the principle based on the reality of interstate commerce that companies or individuals that were based in state A but did regular significant business in state B could be sued in State B but served with process in his/its home state A and state B would have jurisdiction over the defendant and the case. Without such significant contacts, an injured plaintiff would have to sue the defendant in a court in state A. The issue in your case is not so simple. It is.....what are the contacts between the acts of the LA defendant and TX? Are they sufficient to subject the LA defendant to the jurisdiction of the TX courts. If so, then venue is easy. It would be where you live. If not, you would have to sue in LA. This issue must be resolved before the subpoena problem.

Rich Licata



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Picturervlaw  -- Lawyer (JD) -- 99% Positive Feedback on 3761 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Reply to Richard V. Licata
Sent October 01, 2007 9:40 a.m. (3 days and 0 hours later)

The contacts that took place were 100% via internet.   I don't know how to evaluate that when considering venue.
Customer (name blocked for privacy)
Answer
October 01, 2007 10:06 a.m. (26 minutes and 13 seconds later)

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Picturervlaw  -- Lawyer (JD) -- 99% Positive Feedback on 3761 Legal Accepts
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Answer
October 01, 2007 12:30 p.m. (2 hours and 23 minutes later)

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porsha most knowledgeable  -- Paralegal -- 100% Positive Feedback on 21 Legal Accepts
In legal field/ A.S. in Paralegal Studies since 1999, pursuing B.S. in Political Science...etc.

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