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Responding to a Schedule A summons served through the marketplace

TL;DRIn Schedule A cases service is usually made electronically, often through the marketplace account or an email, and the deadlines run from that moment whether or not the seller noticed. Missing the response window leads to a default judgment and a permanent freeze. The briefings below explain what service looks like, how to appear and what to do if the deadline has already passed.

By Sofia Marchetti, Partner, Schedule A / Federal Defense Updated

Guides and analysis on this topic

The pages below are the briefings our team has published on this question, ordered from the broadest guide to the most specific. Each opens with a short answer you can read in isolation.

Where this fits in the Schedule A practice

This topic sits inside our Schedule A practice. The full library for the practice, grouped by format, is on the practice page, and every article is searchable on Insights. If your notice, deadline or held balance does not match any of the pages above, that is usually a sign the matter needs a direct read rather than a general guide.

Page curated by Sofia Marchetti, Partner, Schedule A / Federal Defense, Tutamen.

FAQ

How long does resolving appearing in a Schedule A case usually take on eBay?
Timeline varies significantly by the posture of the case and the plaintiff's appetite for contested litigation. The TRO phase typically spans a matter of weeks. A full contested defense through discovery and settlement typically takes several months. The most meaningful variable is whether the plaintiff chooses to press the case once a defense is entered.
What are the main risks if I handle appearing in a Schedule A case alone?
The principal risks are procedural forfeiture and default judgment. Missing the window to file an opposition to the TRO or to appear before the preliminary injunction hearing can result in the injunction issuing by default. A default judgment in a Schedule A case can carry a permanent injunction, a damages award, and contempt exposure if the seller attempts to return to eBay.
Do I need a lawyer for appearing in a Schedule A case?
Business entities generally cannot appear pro se in federal court and must be represented by licensed counsel. For individual sellers, the procedural complexity of Schedule A motion practice, tight deadlines, and the consequences of error make self-representation a very high-risk choice. The evidentiary record, jurisdictional arguments, and form of any settlement agreement all have long-term implications beyond the immediate account freeze.

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