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Ebay seller dosn't send the item or refund my money. what should I do?

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smartshoppingg

Junior Member
What is the name of your state? I am from Toronto, Canada. I bought an iPhone from a seller on ebay.com , he is from Texas using buy it now option for $450 and I paid instantly using paypal and paid by Amex. it's been more than 2 weeks and no item or refund. I opened a dispute and now it's a claim through paypal and no response yet. What should I do in case my claim does not cover me fully? Thanks in advance.
 


Zigner

Senior Member, Non-Attorney
If your dispute is not decided in your favor, you can sue the bad guy (in Texas).
As this is a US Law forum, I couldn't speak to what options you may have under Canadian law.
 

HomeGuru

Senior Member
What is the name of your state? I am from Toronto, Canada. I bought an iPhone from a seller on ebay.com , he is from Texas using buy it now option for $450 and I paid instantly using paypal and paid by Amex. it's been more than 2 weeks and no item or refund. I opened a dispute and now it's a claim through paypal and no response yet. What should I do in case my claim does not cover me fully? Thanks in advance.
**A: I guess you can't read the ebay rules or the rules of this website either.
 

smartshoppingg

Junior Member
Thanks Zigner for your reply. Could you recommend an attorney please. I have never done this before. I mean what is the cost involved and how long is it going to take?
 

smartshoppingg

Junior Member
HomeGuru! I understand it's a US website and this is what I need. My seller is from US, the website that accepted the payment is Paypal from US, the website I made the purchase on is from US ! If you can't help me, please you don't have to reply.
 

Zigner

Senior Member, Non-Attorney
Thanks Zigner for your reply. Could you recommend an attorney please. I have never done this before. I mean what is the cost involved and how long is it going to take?
This is a Small Claims matter. Small Claims doesn't use lawyers. Additionally, you will have to travel to Texas in order to sue in Small Claims.
Why didn't you just head to an Apple store for your iPhone? It would have been cheaper.
 

smartshoppingg

Junior Member
Well, if I know, I wouldn't even bother buying it but is there a way to do a small claim without going there? How do I do a small claim? please advise with full details on how to do that?
 
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Zigner

Senior Member, Non-Attorney
If the only way is to travel there, I will. I just need to know how to do that?
Ok, let me be clear on this. You will spend A LOT MORE MONEY on trying to win a lawsuit then you will collect. Your travel costs are not recoverable. You will likely have to make at least two trips to Texas, and quite possibly more.
 

smartshoppingg

Junior Member
so you are saying that there is no other way to get my money except by me going there on 2 trips and possibly more? is there an easy way, now days with the internet and telecommunication technology that can speed it up?
 

Zigner

Senior Member, Non-Attorney
so you are saying that there is no other way to get my money except by me going there on 2 trips and possibly more? is there an easy way, now days with the internet and telecommunication technology that can speed it up?
Ok, let me be MORE clear on this. You will spend A LOT MORE MONEY on trying to win a lawsuit then you will collect. Your travel costs are not recoverable. You will likely have to make at least two trips to Texas, and quite possibly more.


(Good luck with the dispute)
 

smartshoppingg

Junior Member
the seller has only 33 positive feedback and according to paypal, they only cover up to $200 which means a loss of $250 how can I get it back? Please help
 

CourtClerk

Senior Member
Not that this means a darn thing to the OP (but he seems to be a little dense).

My county's court system will allow you to file a small claims suit online (as I said in the very first sentence, this doesn't mean a darn thing to you because I am in California), however you will still have to incur the cost of having him served, and you probably don't even know where he is to do so.

So first you have to figure out what jurisdiction he's in to find out what court to file in. Then you need to find out if that court will allow e-filing or maybe filing by mail (if that's a possibility). Eventually you will need to spend probably 5 or 6 hundred dollars to fly to Texas and get a hotel room (another couple of hundred bucks) to get a judgment for $450 that the debtor may not pay anyway. So you expend $800 to get back $450.

Cost effective? I think not.
 

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