• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Internet Fraud

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

deluca

Guest
I purchased some items from I person in the state of Georgia. I live in Michigan. The whole transaction took place over the internet. To date I have not received the items that I purchased. I have all the documentation included a copy of a cashiers check for $2,000, a detail inventory of agreed upon items and corresponding e-mails proving a contract was made. It has been over 2 months and the sellers refuses to reply to any of my contacts. Can I sue the seller in small claims court in Michigan?
 


JETX

Senior Member
This same situation comes up VERY often on this forum (if you had done a search before posting your query you would have already had an answer). In any case, I have pasted the following response that I gave another a few days ago:

"Capt. Cosmo... I really hope that I am not the bearer of bad news.....
As you may already know, the internet is full of scam artists and con-men with no goal other than to convert your money into THEIR money. And it may be that this seller is one of those (I hope that the 'delays' are in fact valid and he comes forward).

I have a LOT of experience with internet selling, both as a buyer and seller on most of the larger auction boards (I have a 100+ rating on eBay).

Again, hopefully you will not have to resort to these tactics, but here are my suggestions:
1) First and most important, download and save ALL information on your purchase. This includes pictures of the items, copies of the website itself, any dealer information shown (warranty, return policy, etc.). Make an email folder for all correspondence (both ways) and save a copy of ALL emails to this folder. Also, be sure to print out a copy of everything that you save (in case your hard drive crashes).
2) Write the seller a 'demand letter', sent Certified RRR. In it detail your payment, the items promised and that they have not been received. Also, detail the correspondence that you have (lets him know that you are serious). Give him a specific deadline for delivery or return of your money and note that you will be contacting those parties shown in the following.
3) If any part of the transaction was via the US Mail, you can contact the US Postal Inspector and file a Mail Fraud complaint. (this is not very effective since they seem to need to develop a 'pattern' of abuse before they get serious, but if you can stay on them, it has helped before).
4) File a criminal complaint with the sellers local Police. (Get their NON-emergency number from information or the net and ask for a detective. Explain that you are out of state and wish to file an affidavit and complaint for one of their local individuals. Usually this would be a misdemeanor theft complaint, but for the amount you have ($485) it could be a felony.
5) Contact the county prosecutor where the seller lives. See if you can talk with a prosecutor... internet fraud is a growing 'industry' and a lot of DA's are starting up divisions to work them.
6) Finally, you might consider contacting the local media (TV and print), both in your location and the sellers. Ask for the 'consumer reporter'. Again, a lot of media hype is being generated lately about the internet and fraud. A reporter may jump on it.

Bottom line.... by using some of the tactics above, I have not only gotten the item that was not shipped, but even got a federal warrant served and some local 'TV time' (the local TV station did a shot and sent it to the 'other' affiliate station in the sellers town)."

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top