Ask Experts Questions for FREE Help !
Ask
    moondance's Avatar
    moondance Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 25, 2009, 12:14 PM
    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
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
     
    #2

    Mar 25, 2009, 12:17 PM

    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.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #3

    Mar 26, 2009, 08:53 AM

    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?
    moondance's Avatar
    moondance Posts: 2, Reputation: 1
    New Member
     
    #4

    Mar 26, 2009, 09:08 AM

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

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Small claims court statute of limitations [ 6 Answers ]

Last year I went to a settlement conference because I was being sued by a 3rd party for money I allegedly owed to them. Originally I made a purchase of a computer in June 2002 which went bad within a week and the stor refused to replace or refund which they now do.The 3rd part came to court with no...

Small Claims Statute of Limitations [ 3 Answers ]

What is the Wisconsin statute of limitations in filing a small claims action?

Small claims limitations [ 1 Answers ]

I know there is a limitation on filing small claims. What is the limitation for filing small claims for medical bills that were supposed to be paid by medicaid? I live in Wisconsin, had moved here, went to a cancer doctor, I used to live in North Carolina and the medicaid was from there. The...


View more questions Search