small claims court legal question..

[pbotz]

got burned out of 300 dollars to an out of state online transaction. Called legal aid but they dont answer the phone.

Can i apply for a small claim in my state of residence or do i have to make a claim in the state where the other person lived.

Small claims court could not answer me as they refered me to legal aid, who is very hard to reach.

[MadDogMarine]

Originally Posted by pbotz

got burned out of 300 dollars to an out of state online transaction. Called legal aid but they dont answer the phone.

Can i apply for a small claim in my state of residence or do i have to make a claim in the state where the other person lived.

Small claims court could not answer me as they refered me to legal aid, who is very hard to reach.

Hopefully you used a credit card. Show the card company your correspondence and document their refusal to return your money and they will issue a charge back on your card.

You legal question is one regarding "diversity of jurisdiction".
Courts have set precedent that is NOT in your favor.
eBay 'personal jurisdiction' You Can't Buy Personal Jurisdiction On eBay : IP Law Blog : California Intellectual Property Lawyer, Attorney, Law Firm : Weintraub Tobin Sacramento

Maryland may be different(I doubt it) but your own research and/or an attorney could answer that question.

[blazinlow89]

This is why you should use something like PayPal for all online transactions when possible. Had a buddy do it years ago with western union for a car. $2500 gone. If you used something like cash, check, money order, or money wiring service the chances of seeing it again are almost none.

[beachcat]

Originally Posted by pbotz

got burned out of 300 dollars to an out of state online transaction. Called legal aid but they dont answer the phone.

Can i apply for a small claim in my state of residence or do i have to make a claim in the state where the other person lived.

Small claims court could not answer me as they refered me to legal aid, who is very hard to reach.

contact maryland attorney general for consumer affairs. twice i've contacted them, twice they resolved it to my satisfaction. good luck.