I've been cheated!

What is the name of your state? california
ive paid $550 for an item to a woman in florida. i've sent a personal check in october and have not recived the item. what would be the approximate filing and court costs minus travleing expenses? would the judge make a ruling without the defendant present?
is there any way around filing a case? could i report her to the authorities...isn't this fraud?
any help will be greatly appreciated

thank you,
katie

what proof do you have that the woman was supposed to send you something for the $550? Did you send cash, check, money order, etc?

have you contacted the woman about the money? If yes, what has she said.

We've communicated through email so that is the only poof I have and I sent her a personal check. I hope that helps.

I have contacted her and she said she was going to have it sent out asap. That was over a month ago. I've tried emailing her since but no response.


Katie

Ah, don't you just love ebay!!!

"ive paid $550 for an item to a woman in florida. i've sent a personal check in october and have not recived the item. what would be the approximate filing and court costs minus travleing expenses?"
*** The filing fees are set by Florida statute and are based on the amount of the claim. In your case (claim between $100 and $1500), the fee is $28.00. This cost does NOT include the 'service fee' for summoning each party to court. They are set by the county. To get the total cost, contact a small claims court in Florida. If a Final Judgment is entered in your favor as a result of your lawsuit, these costs may be added to the total amount of your judgment.

"would the judge make a ruling without the defendant present?"
*** Yes. If the defendant failed to show at the hearing and you are able to prove they were properly noticed and that you have a valid case, the court could issue a default judgment against the defendant.

"is there any way around filing a case?"
*** Not if you want a lawsuit.

"could i report her to the authorities... isn't this fraud?"
*** Depending on a full review of the facts, the police could decide to file charges or not. You can certainly contact her local police and see if they will accept your out of town complaint.

Nah, this can't be another ebay transaction, can it?

"I see e-bay people...."

Is there some sort of time frame to file a case? Do I have to be in Florida to file?

Katie

"Is there some sort of time frame to file a case?"
*** Yes, it is called a 'Statute of Limitations', usually 2 years or so, depending on the specific claim.

"Do I have to be in Florida to file? "
*** No. Most courts will allow you to file by mail. However, you would have to appear at the court at the time of the trial.

I am not an attorney and this is my opinion only.

I would talk to her local police dept and see what it takes to file a complaint. Maybe they have other complaints about her too.

Make sure you get a copy of the canceled check and keep all emails. You or the police may need them later

As far as small claims court or getting your money back. I think that you just learned an expensive lesion. NEVER send that much money without protection, you should pay with credit card or escrow, or it is not worth the chance you are taking.
Court and travel will cost you more than you will ever see back.

I am sorry you had this problem. It happens to several people everyday. You would not give a stranger $550 to go down the street to buy something for you, don't do it on the internet either.

Good luck

A similar problem

I am involved with a group that has a get together each year in Las Vegas. I helped find vendors for our vendor fair and invited a vendor that was new to us. Several people ordered clothing from her and haven't received it. She will not answer phone calls or email. She is located in California. The vendor fair was in Vegas and her customers are from various states. Any advice on the best way to handle this? Should each person pursue it separately or should (or could) our group pursue it?

Thanks.

Please don't hijack someone elses thread. It is both rude and confusing.
Start your questions in your own thread and someone will try to help.

I apologize. I wasn't trying to "hijack" anything. I thought that maybe it would be best to post here since it was basically the same problem, with a different twist. The directions said to look in previous posts to try to find an answer before posting a new question.

Thanks for being so 'friendly' and making me feel welcome here.

And do yourself a favor and lose the attitude. The answer is found in your own words....

" The directions said to look in previous posts to try to find an answer before posting a new question."

New post means just that.

"Thanks for being so 'friendly' and making me feel welcome here."
*** Of course, you're welcome. And thank you for proving that people still can't seem to follow simple rules.