Q: I wish to bring a small claims action against PayPal Corp. Their corporate offices in CA. Reg. Agent in Denver County
I live in Elbert County. Can I file a S/C action against Paypal in Elbert or do I need to file in Denver County or are both options wrong and I need to go a different route?
Also, as long as Im asking, are costs, interest or punitive damages eligible in such a case? Case Overview: Ebay seller accepted a return from me and issued a refund through PayPal of $479.99. The PayPal system automatically deposits refunds into the credit card account from which the amount was taken from. That part is all normal and typically works fine. Problem: They deposited the money into an account that I and American Express do not recognize. Paypal gives us the last 2 digits of the credit card and its not me. Amex has bent over backwards helping to explain to Paypal that: 1. I have not received the money in my active account, 2. Their system would reject attempts to deposit money in a non-existent account, 3. Their general deposit center reports no deposit matching the amount. Paypal has gone silent.
A:
Before you consider which CO court to file in. Review the terms of use/contact you signed with PayPal (clicking "I accept" is acceptance of a contract). PayPal has an arbitration and forum selection clause. Both will be in California (last I checked). I think PayPal also precludes special and punitive damages. If these clauses apply to you, you can file in a CO court, but Paypal will immediately seek dismissal (citing the contract you signed) and the small claims court will dismiss your case (and potentially charge you for their attorney's fees).
You can seek legal action, but you need to review the contact first. If you are unsure what the contract means, contact a lawyer.
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