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Paid for merchandise that I never received.

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L

LoriLu

Guest
What is the name of your state? Kentucky

I'm not sure that I am posting on the right board, but this board seemed to fit my legal questions most appropriately.

I live in Kentucky. I recently met a woman on a website that I frequent. It is a reputable website that I have used for career and work-related purposes for nearly 10 years. I had placed an ad on their "wanted to buy or sell" message board stating that I was in search of some very specific equipment for my business. I felt comfortable buying and selling on this website because I had made several purchases through individuals I met on this website and everyone had been honest and professional.

I was contacted on 03/11/03 by a individual who lives in Waco, Texas via email stating she had the equipment I was looking for to sell for $500. I did not purchase it at that time, but contacted her via email a month later asking if she still had it. She said she did and we made an agreement that I would send her a money order for $514 ($500 for the equipment, $14 S&H). She agreed that when she received the money order, she would ship the equipment the same day via Federal Express and email me the verifiable tracking number. Long story short, she received my money order on the afternoon of 04/11/03 which I verified via the USPS website and received confirmation from the woman herself that she had indeed received my payment; however, I never received an email with the tracking number nor did I ever receive the merchandise.

Basically, she has never shipped me the equipment and she has had my payment for nearly two months now. She does not return my phone calls nor reply to my emails. I have filed a claim with the Postal Inspection Service and am filing a complaint with the Texas Attorney General.

I have spoken with at least two other people she has "sold" to and has never delivered the merchandise. Can we, as a group, hire one attorney and take legal action?

Since she is an individual and not an actual business, I am wondering if I am covered by consumer laws or not and I am wondering what other legal avenues might I pursue? Could there be any kind of criminal charges brought against her? Should I decide to hire an attorney, do I hire one in her state (Texas) or mine (Kentucky)?

Thanks!
 



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