Trafford Publishing: How I Sued PayPal And Won!

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How I Sued PayPal And Won!

by Paul Bezaire

108 pages; quality trade paperback (softcover); catalogue #06-1187; ISBN 1-4120-9432-1; US$14.95, C$17.19, EUR12.28, £8.60

How the author and others have successfully sued PayPal in small claims court and have successfully collected the money that rightfully belongs to them.

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About the Book About the Author View Sample Pages Frequently asked questions Catalogue Information

About the Book

Having trouble with PayPal, the author filed suit and got a $150.00 judgment. One of the reasons for using PayPal was to avail himself of their money back guarantee to insure that the product he bought via eBay would be in good working order. When PayPal did not honor their money back guarantee for the item, which turned out to be defective, he successfully sued them in small claims court for the amount of $150.00.
After being served with the summons and complaint, PayPal began firing all their guns at him. They began sending letters to the court challenging venue. They attempted to scare him into dismissing the lawsuit. One letter said in part, "If we do not hear from you, we intend to file a motion to compel arbitration, along with a request that PayPal be reimbursed for its attorneys fees and costs associated with enforcing the terms of the User Agreement". Another said that, "Plaintiff entered into a binding contract with PayPal according to which he agreed that for disputes of $10,000 or less, he would resolve the matter through binding arbitration or by filing a lawsuit in a court of competent jurisdiction in Santa Clara County, California". Because he was familiar with such "scare" tactics, he ignored that contention and filed his complaint in Los Angeles County.
In How I Sued PayPal and Won!, he details step-by-step how he and another reader did it and so can you.
MY GUARANTEE TO YOU THAT YOU WILL WIN YOUR CASE. Click here for details.

About the Author

Paul Bezaire aka The Rebel, has been rebelling against any established set of unfair situations. His book The Rebel at www.Rebel101.com tells how he has successfully fought politicians, lawyers, and bureaucrats for many years. Now 78 years old, he passes on his experience of how he successfully sued PayPal when they refused to send him $150.00 he felt they were unjustly keeping. In this book he passes on the same information he gave his nephew who took the same steps to collect $1,400.00 from PayPal.

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Frequently asked questions

Q. Do you know if when I file my lawsuit it has to be in San Jose , CA ? I live in Illinois . Just talked with my local courthouse and it's not a registered business of Illinois . Some other clerk there at the California courthouse says I have to file it there. It's not cost effective or reasonable for me to travel and litigate this for $1400 in damages.
A. Your business was conducted via your computer in ILL. As far as I know most jurisdictions permit a complaint to be filed in the jurisdiction where the transaction took place. Call JIM SHEA at JIM SHEA INVESTIGATIONS 2924 David Avenue , San Jose , CA 95128 , 408-205-0548 who will serve the Summons and Complaint for you. He will also tell you he serves out-of-California Summons and Complaints all the time.

Q. What do I need to do to file a complaint?
A. Go to your local courthouse and tell them you want to file a small claims complaint. It might be as short as one page or as many as 3 pages. Pay the filing fee and then have JIM SHEA INVESTIGATIONS 2924 David Avenue , San Jose , CA 95128 408-205-0548 serve it on the defendant.

Q. Do I need to tell everything in my complaint?
A. Just say something like: "Defendant is holding money that belongs to me" "Defendant took my money and refuses to return it to me" But that all depends on your local jurisdiction. Ask the clerk to help you.

Q. The clerk said I need to file my complaint in California .
A. Ask to speak to the senior clerk. Read the answer to the top question on this list.

Q. Can I sue for punitive damages
A. Ask for all you can. I hope that judges will begin awarding punitive damage when they see how defendants are being less that fully honest with them. Ask the judge if he would like to see a copy of the book. You might even print a copy and leave it with him.

Q. I use PayPal so people can charge stuff with me. Is there another way for me to go so I can accept payment?
A. Yes there is. Visit http://www.995merchantaccounts.com/ You can have an account in a very short time. I refuse to order from any vendor that only uses PayPal for payment.

Q. Can I sue in a foreign country?
A. I am not familiar with all foreign laws. If I was in a foreign country I would file and see what happens. What do you have to lose? The business was conducted from your computer so don't let a clerk tell you that you must file in California. Ask to speak to a senior clerk and show them the material from my book. Please let me know what happens.

Q. My business has been closed by PayPal for no apparent reason. Can I recover my loss of business if I sue?
A. I am not an attorney but they advise me that one can sue for anything if they have a firm belief that they have suffered a loss of business as a result of their closing you down. But you must ask for the amount of business you have lost when you file your complaint. For example; ask for punitive damages to deter them from acting in this fashion again as well and the amount of money you can prove you lost.
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Catalogue Information

A cataloguing record for this book is available from the Library and Archives Canada at www.collectionscanada.ca/amicus/index-e.html