Ifam a buyer who lives in Canada with a seller who lives in TNandthe salestransactiontook place in NY, where do I sue?

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Ifam a buyer who lives in Canada with a seller who lives in TNandthe salestransactiontook place in NY, where do I sue?

I purchased a motor from eBay and had it shipped to upstate NY. When I got it it was damaged and the seller has yet to send me the replacement parts. I live in Canada. Do I have to go to TN to sue him?

Asked on August 23, 2010 under Bankruptcy Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lawsuit can be filed where the plaintiff (you) lives, where the defendant (seller) lives or where the transaction occurred.  You could file in Canada, NY or TN.  If you want this case to be subject to U.S. law, you should file in NY or TN.  Since NY would be more convenient for you, you can file your case in NY federal court.  As for having the lawsuit served on the defendant in TN, contact a process server in TN and send the summons and complaint to that TN process server after you have filed your lawsuit in the NY court.


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