Want to enter into Litigation against an Ebay Buyer.

Discussion in 'Legal Issues' started by trosquin, May 4, 2009.

  1. #1
    So some jerk bought a Vintage Hummel Collectors plate from me. I sent it off. A month later he started a Chargeback thing trough Paypal. Well I sent paypal

    1)the USPS documentation saying it was delivered,
    2)an email from the guy saying he made a mistake and did have it
    3)and he started to cancell the chagreback but never completed the steps

    So somehow armed with all that paypal still managed to lose. And they want their money....so how do I enter into litigation with this guy....I only have his company name, and mailing address.

    I live in CA while he is in Mass. I can take him to civil court? Every effort has been ,ade to contact him with no response.
     
    trosquin, May 4, 2009 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    How much money is at stake?

    If it is more than $10,000 it might be worth a lawyer getting involved, although probably not. You can reach the LA county bar association lawyer referral service here: 213-243-1525, or the CA State Bar referral service at 866-442-2529.

    You can sue in Small Claims Court yourself for up to $7500 in damages, although I am not sure how easy it is to sue someone out of state in Small Claims Court. Lastly, even if you win, that is just a piece of paper unless you have a way to collect any judgment.

    Good luck.
     
    browntwn, May 4, 2009 IP
  3. trosquin

    trosquin Active Member

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    #3
    Well the commeorative plate was only $125.....but its the priciple of the matter!
     
    trosquin, May 4, 2009 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    The filing fee is $300+ to sue in Superior Court. If you want satisfaction you can try small claims court, but seriously, cut your losses and move on. You will only end up wasting your time. At least that is my opinion.
     
    browntwn, May 4, 2009 IP
  5. hiero

    hiero Peon

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    #5
    file with paypal. provide proof , and you should get your money back
     
    hiero, May 4, 2009 IP
  6. dalster44

    dalster44 Active Member

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    #6
    Report it to your local police as fraud, they'll take it from there.
     
    dalster44, May 4, 2009 IP
  7. trosquin

    trosquin Active Member

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    #7
    I spent at least 4 hours over the last few months arguing with paypal....once the initial chargeback was lost, they have no imput whatsoever!
     
    trosquin, May 5, 2009 IP
  8. Unknown03

    Unknown03 Peon

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    #8
    I was just going to say that.

    In all my days at ebay (I dont use them any more), I can smell fraud from a mile away.

    Cut your losses? NO! Stand behind what you believe in and don't let criminals get away with defrauding you -- send them a clear message

    If it was over $400 (i think thats right) you can pursue them for grand theft.
     
    Unknown03, May 6, 2009 IP