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I Had a Problem With a Purchase Made Through Ebay and the Seller Sued Me. – Steve

Written by Steve Rhode

“Dear Steve,

Purchase made through Ebay. Item not as described and seller would not take back merchandise nor communicate.

Seller has sued me in Arizona and got a default judgement. I was never served but have found out that “Alternative Service” was approved by the judge and they used “Nail and Mail”, or what the court calls, “Post and Mail”

Is Post and Mail Service available for out of state defendants? I read through the AZ statues and it seems that rule 4.1(m) is the only alternative service that allows for “Post and Mail” and is only included in rules 4.1 which are for in-state service.

The supposedly served me in Virginia via Post and Mail. Out of State Service is covered under rules 4.2 which seems to only include Service by Publication.

I want to have this set aside. I do not believe that AZ has personal jurisdiction over me for a single purchase conducted over Ebay, and there are several defenses under the UCC that I believe do cover my situation if and when I am served by the plaintiff in a court with proper jurisdiction.

What is the best way to attack this? Have the default set aside for lack of service? Does it sound like I have good standing there? Should I also address my issues with personal jurisdiction of an AZ court over an out of state resident with a single purchase made through Ebay?

Thanks in advance!
Steve”

Dear Steve,

Frankly, I neither have a clue nor am I an attorney. You would need to consult with a local attorney licensed in your state or an attorney that is licensed in Virginia.

Please post your responses and follow-up messages to me on this in the comments section below.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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