How do I sue a seller in another state for fraud/non-delivery of good post-payment?

[zhenova]

What is the name of your state (only U.S. law)? - Guam

I recently ordered three iphones from a seller (outside of ebay but no online website) supposedly based out of Florida. Communications were all done through the message system in ebay (but the purchase was not an eBay purchase). Seller confirmed he will sell 3 iphones to me at $1800, and sent me the invoice via Paypal.

I made the payment through Paypal, but at the time, was not given the option to use my Credit Card. Being naive, I sent the money via bank transfer.

The seller confirmed he received my money and that he shipped my item. He even sent me a tracking number. However, when I tried to track the item with the number he provided on USPS, I received the msg from USPS that no tracking information is available for the tracking number.

I sent several mails to the seller to ask him what mailing method he used but never received his reply. Finally, 3 days after the goods were supposed to arrive, I sent him a mail to tell him that the goods have not arrived and that I will file a Paypal claim if he doesn't respond. Again, no response.

I then proceed to check the seller's feedback on eBay and found that the day after i paid him, he received 3 consecutive negative feedbacks for non-delivery of goods and that his shipping tracking number is fake.

Now, two weeks after his supposed "shipping date", I still have not received the goods. I filed a claim on paypal but don't think i'll have much luck. At most I can get his address from Paypal

I like to get advise on the following:

1. Do I have enough grounds to take this case to small claims court?

2. If I do, do I file the claim in Florida or can I file claim in my home state (Guam)?

3. How do I file a claim once I determine where to file? Is there any reputable online agency that I can file through?

Please help!!!!

[racer72]

You would likely have to sue in the seller's home state, a judgment from Guam is worthless in Florida unless you have it domesticated. Suing and domestication would both require a trip to Florida. Then you would have to try collecting, the courts do not collect for you. You were likely scammed and will probably find the info supplied by the seller is fake anyway. Your out of pocket expenses will far exceed the amount you lost. It's probably time to realize you were scammed and move on.

[sandyclaus]

Additionally, as an eBay seller muyself, there are warnings all over that it is a violation of eBay policy to conduct sales via their private message system rather than through their online auction system. They warn never to purchase or to negotiate a purchase except via an online auction or through an eBay seller through normal channels.

Why? Because of scams such as the one it appears you were taken by.
You have no idea who the seller really is, whether they are reputable, or whether or not they will deliver the goods as promised.

You might want to log back onto your eBay account ASAP and report a violation to the staff to stop the scammer and terminate his eBay account.