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> Ultimately my bank told me to go fuck myself and that ebay wins The next step is to take it to small claims court, where the court doesn't really care what t

> Ultimately my bank told me to go fuck myself and that ebay wins The next step is to take it to small claims court, where the court doesn't really care what the bank wants and says "no, this is their money, and here's a nice hefty fine to convince you not to try this person again"

notch656a 4y ago
Yes you're correct. Sadly This happened one week before a cross country move to a half of the country where there is no representation of this bank. It would have cost me as much in hotal and travel fees to fly back for the court dates as I would have recouped in the claim if I prevailed.
- JohnHaugeland 4y ago
  > Sadly This happened one week before a cross country move to a half of the country where there is no representation of this bank That is their problem, not yours. Open the case and let them send staff to your local court. . > It would have cost me as much in hotal and travel fees to fly back for the court dates You don't have to sue there. Moreover, if it costs you money to engage your court process, you make that part of the damages. They pay that, and quite possibly tripled. Talk to a lawyer, please. The law is ready for common things.
  - notch656a 4y ago
    Appreciate the advice! I'll look into it.
    - kingcharles 4y ago
      A lawyer is going to cost you $400 an hour. No lawyer is going to take a case on contingency (where they pay all the costs and recover it from the payout) unless there is a big chunk of money at the end. The risks aren't worth the effort.
      - actually_a_dog 4y ago
        Almost all lawyers will do a short consultation where they can help you determine if the case is even worth pursuing. That's what "talk to a lawyer" means in this context.
  - leephillips 4y ago
    The court where you moved to doesn’t have jurisdiction. The types of damages you can recover in small claims are limited. It’s usually just actual damages.
    - kingcharles 4y ago
      Thank for you some sense. It's usually just compensatory damages, which is limited to just the cost of whatever the item was. You can ask for punitive damages to punish the other party, but that would be rare to get that without the other side having done something very malicious.
    - JohnHaugeland 4y ago
      > The court where you moved to doesn’t have jurisdiction. Yes, it does. Banks are federally regulated. . > The types of damages you can recover in small claims are limited. In most of the country it's five figures, which is enough to get a bank to stop screwing around
      - leephillips 4y ago
        Are you saying that you can sue in any jurisdiction, regardless of where the tort took place, and compel the bank’s officers to appear in court? > In most of the country it's five figures I said the types of damages, not the amount (which is also limited).
kingcharles 4y ago
Have you ever litigated in small claims court? I don't think you have because you use the word "fine" which is not used outside of statutory claims generally, and probably wouldn't be something that comes up in a small claims action (you'd be asking for damages). IANAL, so my advice when dealing with the courts at all is to tread very carefully. You can easily lose your shirt, especially against larger opponents, if they wish to get vindictive and manage to get you to pay their legal costs when you lose.
- JohnHaugeland 4y ago
  > Have you ever litigated in small claims court? Yes. . > I don't think you have because This is not relevant to me. . > IANAL, so my advice This is not relevant to me.

notch656a 4y ago

Yes you're correct. Sadly This happened one week before a cross country move to a half of the country where there is no representation of this bank. It would have cost me as much in hotal and travel fees to fly back for the court dates as I would have recouped in the claim if I prevailed.

JohnHaugeland 4y ago
> Sadly This happened one week before a cross country move to a half of the country where there is no representation of this bank That is their problem, not yours. Open the case and let them send staff to your local court. . > It would have cost me as much in hotal and travel fees to fly back for the court dates You don't have to sue there. Moreover, if it costs you money to engage your court process, you make that part of the damages. They pay that, and quite possibly tripled. Talk to a lawyer, please. The law is ready for common things.
- notch656a 4y ago
  Appreciate the advice! I'll look into it.
  - kingcharles 4y ago
    A lawyer is going to cost you $400 an hour. No lawyer is going to take a case on contingency (where they pay all the costs and recover it from the payout) unless there is a big chunk of money at the end. The risks aren't worth the effort.
    - actually_a_dog 4y ago
      Almost all lawyers will do a short consultation where they can help you determine if the case is even worth pursuing. That's what "talk to a lawyer" means in this context.
- leephillips 4y ago
  The court where you moved to doesn’t have jurisdiction. The types of damages you can recover in small claims are limited. It’s usually just actual damages.
  - kingcharles 4y ago
    Thank for you some sense. It's usually just compensatory damages, which is limited to just the cost of whatever the item was. You can ask for punitive damages to punish the other party, but that would be rare to get that without the other side having done something very malicious.
  - JohnHaugeland 4y ago
    > The court where you moved to doesn’t have jurisdiction. Yes, it does. Banks are federally regulated. . > The types of damages you can recover in small claims are limited. In most of the country it's five figures, which is enough to get a bank to stop screwing around
    - leephillips 4y ago
      Are you saying that you can sue in any jurisdiction, regardless of where the tort took place, and compel the bank’s officers to appear in court? > In most of the country it's five figures I said the types of damages, not the amount (which is also limited).

kingcharles 4y ago

Have you ever litigated in small claims court? I don't think you have because you use the word "fine" which is not used outside of statutory claims generally, and probably wouldn't be something that comes up in a small claims action (you'd be asking for damages). IANAL, so my advice when dealing with the courts at all is to tread very carefully. You can easily lose your shirt, especially against larger opponents, if they wish to get vindictive and manage to get you to pay their legal costs when you lose.

JohnHaugeland 4y ago
> Have you ever litigated in small claims court? Yes. . > I don't think you have because This is not relevant to me. . > IANAL, so my advice This is not relevant to me.