How do I sue an online company in small claims court?
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How do I sue an online company in small claims court?
I have recently been using a website called, “bidcactus”. I have poured $100 of my hard earned money into this website, only to find out that it is implementing a, “fraud in the inducement” sham. Basically, they are louring people from Craigslist.com to this website where they supposedly found cheap items, but it turns out that the company has bots bidding up the higher priced items, causing people to waste their money on bids. I know $100 isn’t much but it’s the principle of the thing. Would it be worth suing them?
Asked on August 6, 2012 under Business Law, North Dakota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose. You will need to find out where the company is located so it can be served with your summons and complaint (the complaint is the lawsuit attached to the summons). There may be some contact information on the website or if not possibly you could obtain an address through Google.
For convenience purposes such as filing documents and the court appearance, it would be advisable to file the lawsuit in your state; however, some states may have limitations on jurisdiction asserted by Small Claims Court on serving defendants in other states. Your Small Claims Court advisor could provide this information. That may or may not be applicable in your state.
After finding the location of the company, you will need to have a process server in or near the city where the company is located, serve the defendant with your summons and complaint. Your damages (the amount of compensation you are seeking in your lawsuit) should include the one hundred dollars plus court costs. Court costs would include the court filing fee and process server fee. You can find process servers online or in the Yellow Pages listed under attorney services.
Companies transacting business in other states have an agent for service of process. This information can be obtained from your state's Secretary of State's office. This means you could have the agent for service of process served in your state. From your information about what appears to be a scam, it is unlikely the company has an agent for service of process in your state.
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