Fraud on auction site

[sidneys21]

What is the name of your state? MIchigan

I bought 3 giftcards off of an auction site and the item was never delivered. After repeated attempts to contact the seller, I filed fraud charges with the auction site and the payment site. Neither were able to collect from the seller. The total of the 3 auctions was $1275.00. Do I have a shot at getting anything if I try to take the guy to court? Or am I wasting my time. Being young, $1200 is a lot of money to me. Should I contact the police in the area where the seller lives? Or is this also a waste of time?

 

[gotocourt]

You haven't named the state where the auction seller lives or conducts business. If he is in a distant state, it may make it more difficult to recover a civil judgment.

Nevertheless, the seller may be subjected to criminal prosecution for mail fraud or wire fraud if he uses on of those methods to accept payment.

I seem to recall reading about a similar circumstance involving the sale of computers (many of which were never delivered). Although somewhat vague in my memory, I seem to recall that the investigation was conducted by the FBI.

 

[sidneys21]

The seller was from Ohio. It is also listed as INC. but I can't find any evidence of it being incorporated.

 

[I AM ALWAYS LIABLE]

You haven't named the state where the auction seller lives or conducts business. If he is in a distant state, it may make it more difficult to recover a civil judgment.

Nevertheless, the seller may be subjected to criminal prosecution for mail fraud or wire fraud if he uses on of those methods to accept payment.

I seem to recall reading about a similar circumstance involving the sale of computers (many of which were never delivered). Although somewhat vague in my memory, I seem to recall that the investigation was conducted by the FBI.

My response:

Now that you've given us the name of the other State, perhaps "gotocourt" will be kind enough to give you a dissertation of the "Long Arm" statutes and International Shoe vs. Washington. How about it?

And then, after you're done, reduce this all down to dollars and cents for our writer - - read as "futility."

IAAL

 

[gotocourt]

I did state that the seller being in a distant state would make it more difficult to obtain a civil judgment.

I don't need to go into the specifics of International Shoe to explain that generally if the sell does not conduct business in your state, you will need to go to his state to pursue a civil remedy. This can be time consuming and/or expensive depending on the distance.

On the other hand, based upon my experience, it is unlikely that you are the only victim of this seller. Thus, it may be appropriate for you to notify the appropriate authorities. If prosecuted, the courts will often impose a restitution order as part of the post conviction sentencing.

 

[hexeliebe]

sidneys21

Did you use your credit card to make the purchase? If so, report the transaction.