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non paying auction bidders

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doggydaddy50

Guest
Georgia
i sell on e-bay and have had 2 people from my home state of georgia not pay for the items they purchased. can i take them to small claims court to recover my money. thank you
 


JETX

Senior Member
"can i take them to small claims court to recover my money."
*** What 'money'?? What is the value of your damages in each case??

Legally, you can sue them for breach of contract, but in reality, it is seldom worth it. The main reason is:
Small claims courts only hear 'money issues'. As such, you can only sue for your damages..... and not to force them to complete the contract. And, unless you sent the item to them before payment (unlikely), then your only damages are the auction fees.... which eBay refunds on complaint of breach. This means you haven't been damaged.

Any other action to force completion of the contracted sale will require your filing in a higher court.... and that would require you to have an attorney.... which cost will usually exceed the damages.
 

racer72

Senior Member
I sell on Ebay quite often. It is almost impossible to force someone to buy something when they change their mind. Leave a negative feedback and report them to Ebay and have their membership cancelled. I enjoy getting the emails from pissed off folks crying to me because they can't bid on Ebay anymore.
 

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