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Originally Posted by azlaw
This all presents an interesting general issue which is: how can Internet buyers and sellers of little stuff (like Lugers) get justice when things go wrong? The answer is that our courts are poorly equipped to handle these cases, but there is progress here and there.
A victim could simply sue the offender in the victim's local JP court, or equivalent. There are issues, of course. Service is an issue, to be sure, but not insurmountable, interstate service of process is do-able. Successful service alone may do the trick - most coherent adults will move to take care of things once a lawsuit is actually served.
Jurisdiction comes next, and the subject of so-called "long arm" jurisdiction as to internet sales is a swiftly moving stream, however courts do seem to be warming to the idea that a person who knowingly sells to another in another state can reasonably expect to be haled into court in that state. Some recent opinions seem to be lowering the bar to interstate suits over Internet transactions. The picture is best described as "muddy".
But if you actually did get a judgment against a bad guy, then he is the one who has to deal with the mud - and you could possibly collect in the the bad guy's state before he can do so. Again, a small flock of civil procedure issues, but not insurmountable, and the judgment debtor could be made to pay for the surmounting.
Many JP courts these days make it easy to file a lawsuit yourself, and have forms and checklists to guide you. The wave of the future for Internet justice? Hard to say. But might be worth a try in some situations.
H
The above is not legal advice but, rather, speculative ramblings on abstract legal theory. Consult a licensed attorney in your state if you want actual legal advice on a real case.
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The amount in controversy limits the cause of action to small claims (summary process) court. However, the civil theft statute, section 772, Florida Statutes, authorizes an award of attorney's fees in addition to the amount at issue. This makes it worthwhile for the plaintiff to hire counsel instead of mulling through the small claims process on his own. Plus, a plaintiff cannot get attorney's fees for representing himself. The fee aspect of this claim could be several times what the amount recovered is.