How to Sue an Online Seller (eBay, Facebook, Craigslist) in California Small Claims Court
Misrepresented items, non-delivery & fraud
In California, online seller (ebay, facebook, craigslist) disputes are handled in the Small Claims Court. You can sue for up to $12,500 without a lawyer — making small claims the fastest and most affordable way to resolve an online seller (ebay, facebook, craigslist) dispute. 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.
California tip
California allows up to 2 small claims filings over $2,500 per year per person.Success tip
Having the seller's real name and verifiable address is the first — and sometimes hardest — requirement. Without it, you cannot file.California-Specific Procedure
California's Automatic Renewal Law (B&P Code § 17600) requires online sellers to obtain affirmative consent before charging for subscriptions; unauthorized recurring charges can be treated as gift obligations with no obligation to pay. You can file in small claims court up to $12,500 for unauthorized charges.
What You Can Sue an Online Seller (eBay, Facebook, Craigslist) For in California
- ✓ 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
California Small Claims — Key Facts
Look Up the Online Seller (eBay, Facebook, Craigslist)'s Legal Name Before Filing
To sue an online seller (ebay, facebook, craigslist) in California, you must use their exact registered legal name on the court filing. An incorrect name can get your case dismissed. Search the official California Secretary of State database to find their correct legal name and registered agent address.
Step-by-Step: Suing an Online Seller (eBay, Facebook, Craigslist) in California
Confirm your claim is within California's $12,500 limit
California's small claims limit is $12,500 (Individuals. Businesses capped at $6,250.). If your damages are higher, you can reduce your claim to the limit or file in California civil court. Use our California Small Claims Limit guide for the full details.
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 in California expect plaintiffs to have made a good-faith attempt to resolve the dispute. A demand letter also creates a paper trail and often prompts payment without any court filing.
Gather your evidence
Your case is only as strong as your evidence. Collect everything before filing — see the checklist below for exactly what you need for a online seller (ebay, facebook, craigslist) dispute.
Find the right California courthouse
File at the Small Claims Court in the California county where the online seller (ebay, facebook, craigslist) is located, does business, or where the dispute occurred. Before filing, look up the online seller (ebay, facebook, craigslist)'s correct legal name and registered agent on the California Secretary of State →. Using the wrong legal name is a common reason cases are dismissed.
Pay the filing fee ($30–$100)
California small claims filing fees range from $30 to $100 depending on your claim amount. Use our California Filing Fee Calculator to find the exact amount for your claim. Keep your file-stamped copy.
Serve the defendant properly
The online seller (ebay, facebook, craigslist) must be formally notified of the lawsuit. California courts provide specific instructions — follow them exactly. Improper service is one of the most common reasons cases are dismissed.
Present your case at the hearing
Bring 3 organized copies of all evidence. Present your case in order: what happened, how much you lost, and why the online seller (ebay, facebook, craigslist) is responsible. Most California small claims hearings last 15–30 minutes. Stay calm, stick to facts, and let the judge ask questions.
Sample Demand Letter: Online Seller (eBay, Facebook, Craigslist) Dispute
Send this demand letter via certified mail before filing. Courts view prior good-faith attempts favorably, and many disputes settle at this stage. Replace the bracketed placeholders with your details.
I am writing to demand a refund of $[AMOUNT] from [DEFENDANT NAME] for [INCIDENT DESCRIPTION] related to an order placed on [DATE] that was never received or was significantly not as described in the listing. As [PLAINTIFF NAME], I paid for this item in good faith and have made multiple attempts to resolve the matter through messages and dispute channels without success. Your failure to deliver the item as described or at all constitutes a breach of our purchase agreement. Unless you issue a full refund within 14 days of the date of this letter, I will file a claim against you in small claims court and report the transaction to the relevant platform and consumer protection authorities.
This is a template only — not legal advice. Consult an attorney if your situation is complex or the amount is significant.
Evidence Checklist: Suing an Online Seller (eBay, Facebook, Craigslist) in California
Tips for Winning Your Online Seller (eBay, Facebook, Craigslist) Case in California
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 demand letter and small claims filing documents for California — reviewed by attorneys. Most cases settle after a proper demand letter.