Sued in Small Claims from another state?

This is a discussion on Sued in Small Claims from another state? within the Intellectual Property Law Questions forums, part of the Legal Questions & Answers Forum category; My husband did a deal with a man on Ebay, we live in Florida, he lives in Alabama. The item arrived not as described, my husband wrote the man and ...

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    Sued in Small Claims from another state?

    My husband did a deal with a man on Ebay, we live in Florida, he lives in Alabama. The item arrived not as described, my husband wrote the man and opened an Ebay case. Ebay awarded my husband as the winner, the seller was to refund and my husband was to send the item back. The seller refunded our paypal immediately for the amount of the item, before he recieved it - which Paypal says NOT to do or he is not protected if the item does not get returned to him. My husband returned the item promptly and kept a shipping receipt - it was sent Parcel Post so Delivery confirmation or Tracking was not offered, but the seller refused to pay return shipping so my husband sent it the cheapest way possible through USPS, which was Parcel Post. Needless to say, around a month later, the man claims to have never received it after we have not heard from him at all that whole month. We apologized, but there was really nothing we could do, my husband has proof of shipping the item via shipping label receipt and that's all we can do. So a few weeks go by and we suddenly receive a Small Claims notice saying he is suing my husband... for $500 more than the amount of the item, mind you. There were several options to choose from in the response required to be sent back, one of which was, "I do not live in the the state of the suer, I would like to have this case transferred to the county where I live" Which is florida, so we chose that option and sent it back to him and the court clerk - We got a letter back today saying that the motion to transfer counties is denied! How can my husband be required to travel to HIS state when HE is the one opting to sue us via small claims? So this is my question, can we be forced to go to another state for a small claims issue? Shouldn't the suer be made to come to our county ?


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    Can you read to me the exact wording of the motion to transfer counties? Also can you read to me the exact wording of the denial? What reason did they cite for their denial of your motion?
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