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Indiana1979 · Apr 4, 2013, 06:33 PM

I sold a car on Ebay. It was listed on Ebay as being in Indiana. The title was from Indiana. Any questions the buyer had about the car, went to my Indiana phone number. The buyer asked what state the title was from and I told him Indiana. There was a reserve price. It was listed as having to be picked up from Indiana (porter county). The buyer sent the bank check payment to my Indiana address (from his bank in Indiana-however he does not live there). The buyer arranged pick up from my home in Indiana. The buyer is suing me in an Illinois court (his home address) because he feels the car needs repairs. How do I draw up a motion to dismiss for lack of jurisdiction? Illinois lawyers don't want the case because if they file that motion, the case will be heard in IN. Indiana lawyers say they cannot help me with the motion because they don't practice law in IL. What do I do? Thanks.

cdad · Apr 4, 2013, 06:43 PM

How much are the repairs that the other party wants to sue for? Is this part of normal wear and tear ?

Indiana1979 · Apr 4, 2013, 06:55 PM

Originally Posted by cdad

How much are the repairs that the other party wants to sue for? Is this part of normal wear and tear ?

To be honest, I don't know specifically what repairs they are. He did not list the repairs. Just $6,000 + costs to get car on the road. This was a 42 year old car with only 65,000 miles on it. It was in great running condition and very good physical condition. We took numerous pictures and even movies of the car running, driving, stopping, etc.. *Besides, does the repairs matter right now? From what I read there are numerous cases of Ebay lack of personal jurisdiction problems (they always side with the sellers home state being the correct venue). I cannot further prove the condition of the vehicle (other than numerous pictures, movies, etc), unless I call witnesses as to the condition of the vehicle when we were selling it, etc. I'm sure my witnesses will not want to drive 5 hours away to do this. This vehicle was sold "as is". Thanks

Indiana1979 · Apr 4, 2013, 06:58 PM

It couldn't be normal wear and tear.. I think he wanted to totally restore it and send us the bill. That's a neat trick.. buy an classic car that could be restored (to any level), have work done, and send the bill to the seller!

ScottGem · Apr 4, 2013, 07:08 PM

Most private sales are As Is. Did you provide any warranty? Any statements of condition?

Witnesses can be deposed. I'm not sure you have grounds for lack of jurisdiction.

cdad · Apr 4, 2013, 07:09 PM

Yes the repairs matter and the listing of it matters. Lets say your ad had said "new" tires and they were not. If they were bald then they can have their day in court and most likely win. So not knowing what this person did as far as repairs makes a huge difference. If they do have a case against you and it is legitimate then you have to fight it as you feel needed to do so. Simply filing a case does not mean it is valid by any means.

A car sold "as is" does normally have some representation that goes with it. This person may or may not be trying to take you for a ride. That is why I asked about the repairs.

That way you can determine the legitimacy of the lawsuit they are trying to bring forth.

Also the amount of the repair makes a difference because there are in most states 2 types of courts. One being small claims and the other being civil court. Also if the amount were low enough it may not even be worth fighting.

From the sounds of your case you may have to go there to file and appear for a change of venue and dismissal for lack of jurisdiction. You might be able to use a service like legal zoom to aid in the proper paperwork for the jurisdiction your heading in to.

Indiana1979 · Apr 4, 2013, 07:58 PM

On the bill of sale, is says "as is, with no warranties expressed or implied". As far as appearing, what I have read is that by me merely appearing in their court takes away my right to motion to dismiss by lack of jurisdiction. I would have to do a "special appearance", which I'm not sure how to do. I spoke to a judge in WI. He informed me to file this motion to dismiss for lack of personal jurisdiction and special appearance, unfortunately, I did not get a step by step to do this correctly. *That is why I am here. Any info on special appearance and how to write a motion would be greatly appreciated. I already found plenty of case law for this. Thanks.

ScottGem · Apr 5, 2013, 03:19 AM

Do you know what court this is in? Is it small claims?

AK lawyer · Apr 5, 2013, 05:28 AM

You need to find and research the Illinois "Long Arm Statute". It will enumerate which minimum contacts are necessary to give the Illinois court personal jurisdiction over you. It may be that the contract to sell the car was formed (on the buyer's part) in Illinois (in which case you would loose the MTD).

The reason the Illinois attorneys don't seem interested in the case is not that it would deprive them of the case. It is rather, that $6,000 really isn't much to make a case lucrative for an attorney. Find one who will agree to represent you only for a motion to dismiss. It may even be worthwhole tor them to help you write the motion for your signature. You will want to pay them by the hour.

Someone erroneously told you that you have to go there to move to dismiss. That is not correct.