Best friend stole my $4,100

[konradp]

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

So I sell on eBay, and in August I had an issue with my Paypal account and needed a new one. Because of this, I asked my best friend of about 9 years to use his account for a while until the issues were sorted out and I could use my own again. I agreed to kick him back $300 for the favor.

Over the next two months, I had about $5,000 in sales on his account, of which I transferred $4,100 to his bank account. He also spent $150 on personal items, as part of his $300. An additional $500 was transferred to a Paypal account under my name in early September, and the rest was spent on business expenses or remains in the account balance.

I live in a different city from him most of the time, but it is a short drive and I usually come about once every month or two to visit my parents. The plan was for him to give me the cash when I was in town. I was in town 3 weeks ago, and when I saw him on Saturday, he said he could make it to the bank the day before (I had called him and told him I need the cash on Saturday several days before). I came this weekend, saw him Friday night, and he gave me the same story. I am still in town until Tuesday afternoon, and I intend to drive to his house at 8:45am on Tuesday without prior notice and tell him we're going to the bank.

If he is nowhere to be found or refuses, at which point can file a lawsuit, and how do I go about doing so?

There is no formal written contract between me and him, however I can clearly prove that all inflows from the account were sales either from the eBay account in my name, or direct payments from my customers- for which I have email correspondence as proof.

Also, what are the criminal implications on him for this? I am horribly mad at this a$$hole and want to see him go to jail for this, or at least tell him what the consequences will be to make him pay.

Thanks for the advice~

 

[BL]

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

So I sell on eBay, and in August I had an issue with my Paypal account and needed a new one. Because of this, I asked my best friend of about 9 years to use his account for a while until the issues were sorted out and I could use my own again. I agreed to kick him back $300 for the favor.

Over the next two months, I had about $5,000 in sales on his account, of which I transferred $4,100 to his bank account. He also spent $150 on personal items, as part of his $300. An additional $500 was transferred to a Paypal account under my name in early September, and the rest was spent on business expenses or remains in the account balance.

I live in a different city from him most of the time, but it is a short drive and I usually come about once every month or two to visit my parents. The plan was for him to give me the cash when I was in town. I was in town 3 weeks ago, and when I saw him on Saturday, he said he could make it to the bank the day before (I had called him and told him I need the cash on Saturday several days before). I came this weekend, saw him Friday night, and he gave me the same story. I am still in town until Tuesday afternoon, and I intend to drive to his house at 8:45am on Tuesday without prior notice and tell him we're going to the bank.

If he is nowhere to be found or refuses, at which point can file a lawsuit, and how do I go about doing so?

There is no formal written contract between me and him, however I can clearly prove that all inflows from the account were sales either from the eBay account in my name, or direct payments from my customers- for which I have email correspondence as proof.

Also, what are the criminal implications on him for this? I am horribly mad at this a$$hole and want to see him go to jail for this, or at least tell him what the consequences will be to make him pay.

Thanks for the advice~

Ok .

Thanks for playing.

We all know you can contact PayPal if you have an issue.

We all know PayPal can make your account go up in fluff ,because of user fluff.

 

[TheGeekess]

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

So I sell on eBay, and in August I had an issue with my Paypal account and needed a new one. Because of this, I asked my best friend of about 9 years to use his account for a while until the issues were sorted out and I could use my own again. I agreed to kick him back $300 for the favor.

Over the next two months, I had about $5,000 in sales on his account, of which I transferred $4,100 to his bank account. He also spent $150 on personal items, as part of his $300. An additional $500 was transferred to a Paypal account under my name in early September, and the rest was spent on business expenses or remains in the account balance.

I live in a different city from him most of the time, but it is a short drive and I usually come about once every month or two to visit my parents. The plan was for him to give me the cash when I was in town. I was in town 3 weeks ago, and when I saw him on Saturday, he said he could make it to the bank the day before (I had called him and told him I need the cash on Saturday several days before). I came this weekend, saw him Friday night, and he gave me the same story. I am still in town until Tuesday afternoon, and I intend to drive to his house at 8:45am on Tuesday without prior notice and tell him we're going to the bank.

If he is nowhere to be found or refuses, at which point can file a lawsuit, and how do I go about doing so?

There is no formal written contract between me and him, however I can clearly prove that all inflows from the account were sales either from the eBay account in my name, or direct payments from my customers- for which I have email correspondence as proof.

Also, what are the criminal implications on him for this? I am horribly mad at this a$$hole and want to see him go to jail for this, or at least tell him what the consequences will be to make him pay.

Thanks for the advice~

Wait until PayPal finds out that you tried to work around their system.

 

[sandyclaus]

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

So I sell on eBay, and in August I had an issue with my Paypal account and needed a new one. Because of this, I asked my best friend of about 9 years to use his account for a while until the issues were sorted out and I could use my own again. I agreed to kick him back $300 for the favor.

Over the next two months, I had about $5,000 in sales on his account, of which I transferred $4,100 to his bank account. He also spent $150 on personal items, as part of his $300. An additional $500 was transferred to a Paypal account under my name in early September, and the rest was spent on business expenses or remains in the account balance.

I live in a different city from him most of the time, but it is a short drive and I usually come about once every month or two to visit my parents. The plan was for him to give me the cash when I was in town. I was in town 3 weeks ago, and when I saw him on Saturday, he said he could make it to the bank the day before (I had called him and told him I need the cash on Saturday several days before). I came this weekend, saw him Friday night, and he gave me the same story. I am still in town until Tuesday afternoon, and I intend to drive to his house at 8:45am on Tuesday without prior notice and tell him we're going to the bank.

If he is nowhere to be found or refuses, at which point can file a lawsuit, and how do I go about doing so?

There is no formal written contract between me and him, however I can clearly prove that all inflows from the account were sales either from the eBay account in my name, or direct payments from my customers- for which I have email correspondence as proof.

Also, what are the criminal implications on him for this? I am horribly mad at this a$$hole and want to see him go to jail for this, or at least tell him what the consequences will be to make him pay.

Thanks for the advice~

You can't file a lawsuit. You defrauded eBay and PayPal by selling with an account that didn't belong to you. As they see it, YOUR FRIEND sold about $5,000 worth of items, the money was transferred to YOUR FRIEND'S bank account, and YOUR FRIEND decided to keep the money HE earned.

Go ahead and file a police report. The above is exactly what will be described, and the case will end before it started.
Go ahead and file a claim with eBay and PayPal. Ditto.
Go ahead and try to file a lawsuit. Anyone can sue anyone for anything, and they frequently do these days. But before you do, Google "Unclean Hands". An illegal contract is unenforceable.

Oh, and don't let the door hit you where the good Lord split you as you go stomping out. (You're welcome. )

 

[konradp]

I don't think small claims court would look through the eBay or Paypal agreement right away, would they? And I'm not even sure if it would be against their rules to use somebody else's Paypal account to sell on eBay, I notice it all of the time when I make purchases...

 

[BL]

I don't think small claims court would look through the eBay or Paypal agreement right away, would they? And I'm not even sure if it would be against their rules to use somebody else's Paypal account to sell on eBay, I notice it all of the time when I make purchases...

I see a troll.

 

[konradp]

Also promissory estoppel might affect the enforceability of this unenforceable contract? In business school I remember learning about justifiable reliance/promissory estoppel when it comes to contracts

 

[konradp]

Definitely not trolling, seriously in this situation..... Never been to court so I wouldn't know every detail, all I've seen is Judge Judy

 

[swalsh411]

You gave items to your friend and he sold them since they were now his property.

 

[TheGeekess]

I don't think small claims court would look through the eBay or Paypal agreement right away, would they? And I'm not even sure if it would be against their rules to use somebody else's Paypal account to sell on eBay, I notice it all of the time when I make purchases...

If your account on either service is suspended for any reason, you can't use somebody else's account to get around said suspension. That's been both eBay and PayPal's policy for longer than I care to remember at this time.

 

[sandyclaus]

I don't think small claims court would look through the eBay or Paypal agreement right away, would they? And I'm not even sure if it would be against their rules to use somebody else's Paypal account to sell on eBay, I notice it all of the time when I make purchases...

Under eBay's T&C regarding multiple accounts (http://pages.ebay.com/help/policies/multiple-accounts.html):

Not allowed:
Registering new accounts or using other existing accounts to avoid buying and selling restrictions or limits or other policy consequences.

and under PayPal User Agreement - Restricted Activities (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#9):

9.1 Restricted Activities. In connection with your use of our website, your Account, the PayPal Services, or in the course of your interactions with PayPal, other Users, or third parties, you will not:

Circumvent any PayPal policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional PayPal Account(s) when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional PayPal Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s PayPal Account;

So, yes. What you attempted was against both eBay's and PayPal's approved use rules.

Whether or not others engage in such prohibited activity doesn't make it ok for them, either, and it sure doesn't make it OK for YOU to do.

I stand by my previous response.

 

[Proserpina]

Under eBay's T&C regarding multiple accounts (http://pages.ebay.com/help/policies/multiple-accounts.html):


and under PayPal User Agreement - Restricted Activities (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#9):


So, yes. What you attempted was against both eBay's and PayPal's approved use rules.

Whether or not others engage in such prohibited activity doesn't make it ok for them, either, and it sure doesn't make it OK for YOU to do.

I stand by my previous response.

And that really is the long and short of it.

 

[konradp]

Okay, however, does justifiable reliance on the contract not come into play at all in this situation?

 

[ecmst12]

The illegal and unenforceable contract you mean?

 

[konradp]

That's the only contract there is. At least I can threaten him with grand larceny charges....