Three different locations, where should I file a small claim?

[Seasprite]

Hi, I'd like to take someone to small claims court over an Ebay transaction (They made me an offer to close down my auction, which had several bids, so I did and put up a Buy it Now listing, so it was all done through the Ebay system.. they've been yanking me around, and now say they don't want the boat and the selling season is over) and they are in California, out in the desert, the boat is also in California, in Oxnard, but I live in Portland, OR. Which court will I need to use?

Also it's hard for me to travel, I'm single with a 4 month old baby.. would my brother be able to go to small claims court for me? He is in California and was meeting with the buyers.

Thanks so much!

 

[tpajet]

Generally you would file in your local area. It would be best anyway because there's less of a chance of them showing up for court given the travel situation. That would mean a default judgment for you. In other words, you win.

 

[dee_dub]

With respect, most small claims courts don't have jurisdiction over out-of-state defendants, so you are required to file in the defendant's jurisdiction. I'm not sure about Oregon. But it is likely you will have to sue in California. Conceivably, you could appoint your brother to act as your agent in court.