Legal Advice Needed!

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usatu

Member
May 22, 2001
83
0
0
Hi,

I am an eBay seller. Last month, a buyer won my auction for a digital camera. He asked me to send it to him by overnight and paid me through BidPay. And I trusted him.

But later I was told by BidPay that they couldn't get enough information from the buyer so they can't give me the Money Order. Then I called him and asked what happened.

He then agreed to send me a check for the payment. But today, my bank told me that the check was cancelled! I tried to call him several times, but he didn;t answer the phone and didn't respond to my emails.

Can't believe it!

My question is, what can I do in this case? how to report him as a fraud? can I sue him in my local court?
I have this guy's name, address & phone number.

Any comments will be appreciated!

 
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T2T III

Lifer
Oct 9, 1999
12,899
1
0
You might want to see if the Bar Association for your state has a lawyer referral number. If so, contact it and see if they can connect you with a lawyer who specializes in this sort of thing. I've done this before and you get 30 minutes of the lawyer's time for $40 (or, at least that's the price I pay in my state.)

Then again, you might want to ask for assistance from the "Anandtech Crew". More than likely, someone in this forum lives near the fool and might be able to assist you in getting you connected to one of the local police departments.

From my experience, personal checks are about as good as used toilet paper. Good luck getting this situation sorted out.
 
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HiTek21

Diamond Member
Jul 4, 2002
4,391
1
0
I hope you get this jerk. People like that give Ebay a bad name. Give Em Hell!!!
 
U

usatu

Member
May 22, 2001
83
0
0
Not yet, since I didn't see any buyer protection policy on eBay's website. :(

And I still want to wait one more day to see his reactions.

I found some useful information on the Legal Services Corporation of my state. This case looks like a debit collect, am I right?

 
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PsychoAndy

Lifer
Dec 31, 2000
10,735
0
0
Originally posted by: usatu
Hi,

I am an eBay seller. Last month, a buyer won my auction for a digital camera. He asked me to send it to him by overnight and paid me through BidPay. And I trusted him.

But later I was told by BidPay that they couldn't get enough information from the buyer so they can't give me the Money Order. Then I called him and asked what happened.

He then agreed to send me a check for the payment. But today, my bank told me that the check was cancelled! I tried to call him several times, but he didn;t answer the phone and didn't respond to my emails.

Can't believe it!

My question is, what can I do in this case? how to report him as a fraud? can I sue him in my local court?
I have this guy's name, address & phone number.

Any comments will be appreciated!
Click to expand...

You can call the cops, but all they're going to do is file a report.

You can sue him, but are you ready to spend $250 an hour to get back...how much? And then there is the issue of placing a lien and execution of the lien on the offender's assets.

Basically- you're screwed. Unless you're talking big money $1000+ then forget it.

-PAB
 
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PsychoAndy

Lifer
Dec 31, 2000
10,735
0
0
Originally posted by: wje
Have you reported the situation to Ebay?
Click to expand...

wje, ebay does nothing to fraudulent buyers. NOTHING. repeat after me. NOTHING. check their TOS. they're not obligated to help any seller in a fraud situation. Now, buyers is another story, they have "a department devoted to seller fraud" and a hefty insurance policy.

Its a ****ing double standard.

-PAB
 
J

Jzero

Lifer
Oct 10, 1999
18,834
1
0
Important rule of selling:
Never EVER ship until you have CONFIRMED funds in your hand. Personal Check? Make sure it clears before you ship. They sent a MO or asked BidPay to send one? Don't ship until you've cashed it.

You may be screwed on this one. PsychoAndy is a little bit off-target about suing him. You could take him to small claims court (Suck it! I'll see you on Judge Judy!), wherein you don't use lawyers, and the fees, which aren't nearly so exhorbitant, are paid by the losing party.
 
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TitaniumJohnson

Senior member
Feb 26, 2002
627
0
0
Troll Hunters

This site has some good information you can use. The majority of it is how to avoid being taken to town, but at the bottom of the page, they offer advice on how to take action once you've been trolled. Quite to the contrary of what people have said here, the local police can be your best friends. Just a visit by a detective is enough to scare the majority of trolls (most of which are juveniles, making their parents responsible for their actions). And, you mailed the camera across state lines right? If so, its a federal crime that's been committed. Interstate trade laws are in place to keep this sort of thing from happening, albeit between businesses, but the same laws apply to person-to-person commerce.

Good luck and burn the troll at the stake.

TJ out.
 
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