PayPal Successfully Sued in Small Claims Court

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An Â?on-line rebelÂ? in Los Angeles says people donÂ?t need an attorney to sue PayPal, the online payment platform, or Ebay, the online auction platform, for any wrong they may have caused. If the alleged harm is under $5,000, anyone can sue them in Small Claims Court.

line, has successfully sued PayPal in Los Angeles County Superior Court (Case Number SM 04A01557). The suit arose out of PayPal’s refusal to honor its money-back guarantee on defective merchandise.

PayPal’s service agreement contained terms that allegedly required that any lawsuit against the company be filed in Santa Clara County, Calif., he said.

The service agreement remains unchanged, Bezaire said, despite his successful lawsuit and the fact that in 2002, the U.S. District Court in San Jose found these terms unconscionable and unenforceable (Case Number C-02-1227 JF).

When Bezaire, known as the Rebel, filed his suit in Los Angeles County, PayPal attempted to thwart his efforts to obtain justice, Bezaire said. “Even though it had an entire legal staff to work on objecting to the venue,” Bezaire said, “I was able to wield a small ax to chop down a giant redwood.”

After a trial in October 2004, the court found for Bezaire and awarded him $159 plus costs, for a total of $202.

“Now, anyone can read a free document called ‘How I Sued PayPal and Won’ at http://rebel101.com/,” Bezaire said. “It is a step-by-step lesson on some important things people should know, should they have the need to sue PayPal or Ebay.”

He added, “The most important thing is to be aware that PayPal or Ebay may send a letter to the court challenging venue. They want the case to be filed in Santa Clara County, Calif., to make it more convenient for them.”

Bezaire advises interested parties to fight any challenge to venue by copying all the free documents on his site, http://rebel101.com.

“After the case is called and you step to the front of the court, the judge may say something like, ‘The court has received a letter from PayPal/Ebay challenging venue in this matter,’” Bezaire said.

“You can immediately say: ‘Your honor, I have documents here to show that the venue is correct in this matter and that the User Agreement mentioned in that letter is unenforceable under California law.’ If he is a good judge, he would no doubt want to look at your documents before ruling on the case."

Bezaire’s Web site advises readers to “Rebel against the "System" before it overwhelms you” and “Rebel All You Want, But Always Stay Within the Framework of the Law.”

Contact:

Paul Bezaire

310-574-9431

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Paul Bezaire

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