eBay Purchase, MO cashed by seller, but not recieve goods

[echen]

What is the name of your state (only U.S. law)? CA

Paid by money order, but seller claimed she did not receive the payment, filed a replacement request to post office, after 60 days, the image of cashed MO received from PO which has the seller's signature on it. Need help on pursure the legal action against this seller. Please advise, Thanks!

[TheGeekess]

Originally Posted by echen

What is the name of your state (only U.S. law)? CA

Paid by money order, but seller claimed she did not receive the payment, filed a replacement request to post office, after 60 days, the image of cashed MO received from PO which has the seller's signature on it. Need help on pursure the legal action against this seller. Please advise, Thanks!

You don't pay for eBay items via MO. Easiest ripoff around. And how do you know that it is the seller's signature? Have you seen it before?

[CameronNewport]

Originally Posted by echen

What is the name of your state (only U.S. law)? CA

Paid by money order, but seller claimed she did not receive the payment, filed a replacement request to post office, after 60 days, the image of cashed MO received from PO which has the seller's signature on it. Need help on pursure the legal action against this seller. Please advise, Thanks!

You can sue the seller for breach of contract, and use the image of the signed MO as proof of payment. The seller may rebut the presumption that the signature is her own, but she will need to present evidence.

If she successfully argues that the signature was forged, then you can use the seller's evidence to argue that the party who cashed the MO is liable.

Unfortunately, the entire process is going to be a hassle (especially if the MO really was forged), so unless it was a lot of money, it may not be worth pursuing. That's your call, though.