How to Sue a Online Seller (eBay, Facebook, Craigslist) in Small Claims Court
Misrepresented items, non-delivery & fraud
Buying from individual sellers on eBay, Facebook Marketplace, or Craigslist offers less protection than buying from a business. But when you've been defrauded — sold something misrepresented, a non-working item, or something that was never delivered — small claims court can help you recover.
Success tip
Having the seller's real name and verifiable address is the first — and sometimes hardest — requirement. Without it, you cannot file.What You Can Sue a Online Seller (eBay, Facebook, Craigslist) For
- ✓ Item significantly not as described in the listing
- ✓ Item never shipped or delivered
- ✓ Seller accepted payment then disappeared
- ✓ Counterfeit or stolen goods sold as legitimate
- ✓ Broken or defective item that was described as working
- ✓ Seller refused to honor stated return policy
Step-by-Step: How to Sue a Online Seller (eBay, Facebook, Craigslist)
Check your state's small claims limit
Small claims court handles money disputes only — typically $2,500 to $25,000 depending on your state. Use our Small Claims Limit Calculator to find your state's exact maximum. If your damages exceed the limit, you can reduce your claim to fit or file in a higher civil court.
Send a demand letter first
You need the seller's full legal name and physical address to file. For eBay sellers, the platform may provide this via a court-ordered subpoena if they won't provide it voluntarily. Courts expect plaintiffs to have made a good-faith attempt to resolve the dispute before filing. A demand letter also creates a paper trail that becomes evidence.
Gather your evidence
Your case is only as strong as your evidence. Start collecting everything now — before filing — so you're fully prepared for your hearing. See the evidence checklist below for exactly what you need.
Find the right court and defendant information
File in the small claims court for the county where the online seller (ebay, facebook, craigslist) is located, does business, or where the dispute occurred. You'll need the defendant's full legal name and address. For businesses, check your state's Secretary of State website for the correct legal entity name and registered agent address.
File your claim and pay the filing fee
Submit the plaintiff's claim form at the courthouse (or online in many states). Filing fees range from $30–$300 depending on your state and claim amount. Use our Filing Fee Calculator to find the exact cost. Keep your file-stamped copy.
Serve the defendant
The defendant must be formally notified of the lawsuit. Many states allow certified mail service; others require a sheriff or process server. Follow the court's instructions exactly — improper service is one of the most common reasons cases get dismissed.
Prepare and attend your hearing
Bring 3 organized copies of all evidence (one for the judge, one for the defendant, one for yourself). Present your case in order: what happened, how much you lost, and why the defendant is responsible. Let the judge ask questions. Most small claims hearings last 15–30 minutes.
Evidence Checklist: Suing a Online Seller (eBay, Facebook, Craigslist)
Expert Tips for Your Online Seller (eBay, Facebook, Craigslist) Case
For Facebook Marketplace, you can sometimes find the seller's full name and location from their profile. Screenshot it immediately — accounts get deactivated.
If you paid via credit card, file a chargeback simultaneously. Small claims and chargebacks can run in parallel (though you can't recover twice).
eBay and PayPal's buyer protection programs often cover these disputes — exhaust them before going to court.
Small claims against individuals who gave false addresses may be difficult to collect even if you win.
Ready to File? Prepare Your Documents First
LegalZoom helps you draft a professional demand letter and small claims filing documents — reviewed by attorneys. A strong demand letter resolves many disputes before you ever set foot in court.