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-   -   Statue of limitations for small claims court (https://www.askmehelpdesk.com/showthread.php?t=333771)

  • Mar 25, 2009, 12:14 PM
    moondance
    Statue of limitations for small claims court
    I handle my brothers affairs. I received a demand letter from a person for the sum of $120 in regards to an ebay/paypal matter from May 2005. This person alleges he or a person that represents his interest paid for an item that he has never received. My brother has no recollection of this incident. The complaint is from someone in Florida and we are located in New York. I have sent a reply asking for documentation. My questions are:
    1. what is that statue of limitations for a small claims matter
    2. will this person file suit in Florida or would it be in ny
    3. if in Florida, do they really expect my brother to appear
  • Mar 25, 2009, 12:17 PM
    stevetcg

    1) not sure but probably about 5 years. I could look it up if it matters, but it probably doesn't.
    2) NY
    3) n/a

    This is a matter for Ebay to handle. What do they have to say about it?

    Its possible that this is just a scam trolling for easy cash. After all, a lot of people would just drop the $120 to never have to deal with it.
  • Mar 26, 2009, 08:53 AM
    this8384

    1) SOL for FL is years, NY is 6 years:
    Statute of Limitations - Open accounts for debt collection

    2) If they file a suit, they have to file where the transaction occurred; in this case, it would be in NY

    3) Like steve said, N/A

    Ask them for documentation of the money being sent to your brother - a cancelled check or money order, a credit card receipt, a PayPal invoice, etc. It's very questionable why they would wait 4 years and not file a complaint with eBay until now; have you checked their feedback rating and feedback they've given to others to see if this is a habitual scenario for the bidder?
  • Mar 26, 2009, 09:08 AM
    moondance

    Thanks so much for your quick replys. I will see what documents this person sends if any. Thanks Again

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