• 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.

Small Claims/Subpoena: Paypal, Pennsylvania

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

mattman1

Junior Member
Hello, I have a question about a filing a subpoena, Recently I sold virtual goods to a user over the internet (via paypal), a short time later his credit card company filed a chargeback (at his request) and reversed the payment. I did not believe this would be a problem as I have saved conversation logs that prove plain as day, that he did in fact authorize the payment. However, I was shocked to find out I lost, as was the paypal representative I just spoke to. The credit card company makes the final decision in cases like these (fantastic for me), however, paypal is not allowed to tell me how to contact them, and cannot do anything to help me. This has happened multiple times and at 17, I can't afford it any longer, and I am tired of letting people like this walk free. Before you ask, there is nothing I can do to get my items back (already been used), and next to nothing you could say to get me to change my mind, enough is enough. What I have learned is that paypal can do nothing to help me, however, by filing a subpoena I can get the credit card companies phone number and other information vital to the case. What I want to know is 1) Who do I file the subpoena against? The credit card company, paypal, or the buyer? 2) Would it be better to just go straight to small claims court? The purchase was for $400, which to most isn't a huge sum of money and probably isn't worth going to court over (which might just get me my money) but at this point I am set on getting what I deserve, no matter how absurd it may seem. Thank you, Matt
 


Proserpina

Senior Member
Hello, I have a question about a filing a subpoena, Recently I sold virtual goods to a user over the internet (via paypal), a short time later his credit card company filed a chargeback (at his request) and reversed the payment. I did not believe this would be a problem as I have saved conversation logs that prove plain as day, that he did in fact authorize the payment. However, I was shocked to find out I lost, as was the paypal representative I just spoke to. The credit card company makes the final decision in cases like these (fantastic for me), however, paypal is not allowed to tell me how to contact them, and cannot do anything to help me. This has happened multiple times and at 17, I can't afford it any longer, and I am tired of letting people like this walk free. Before you ask, there is nothing I can do to get my items back (already been used), and next to nothing you could say to get me to change my mind, enough is enough. What I have learned is that paypal can do nothing to help me, however, by filing a subpoena I can get the credit card companies phone number and other information vital to the case. What I want to know is 1) Who do I file the subpoena against? The credit card company, paypal, or the buyer? 2) Would it be better to just go straight to small claims court? The purchase was for $400, which to most isn't a huge sum of money and probably isn't worth going to court over (which might just get me my money) but at this point I am set on getting what I deserve, no matter how absurd it may seem. Thank you, Matt


Here's the bigger problem, Matt.

Even if you win and obtain a judgment, PA does not allow for regular creditors to garnish paychecks.

And that's even IF you can obtain a judgment - you mention selling "virtual goods". Can you elaborate on the nature of those goods?
 

mattman1

Junior Member
Here's the bigger problem, Matt.

Even if you win and obtain a judgment, PA does not allow for regular creditors to garnish paychecks.

And that's even IF you can obtain a judgment - you mention selling "virtual goods". Can you elaborate on the nature of those goods?
Yes, fair warning I am kind of a nerd and you might not get this, but here goes:

the sale was for an item known as a Keyvault (kv), part of the nand for an xbox 360. Which allows you to unban your xbox from xbox live. Nothing illegal, also, I am unsure of you mean when you say " PA does not allow for regular creditors to garnish paychecks. " as in I can't get paid for selling these?
Thanks,

Matt
 
Hello, I have a question about a filing a subpoena, Recently I sold virtual goods to a user over the internet (via paypal), a short time later his credit card company filed a chargeback (at his request) and reversed the payment. I did not believe this would be a problem as I have saved conversation logs that prove plain as day, that he did in fact authorize the payment. However, I was shocked to find out I lost, as was the paypal representative I just spoke to. The credit card company makes the final decision in cases like these (fantastic for me), however, paypal is not allowed to tell me how to contact them, and cannot do anything to help me. This has happened multiple times and at 17, I can't afford it any longer, and I am tired of letting people like this walk free. Before you ask, there is nothing I can do to get my items back (already been used), and next to nothing you could say to get me to change my mind, enough is enough. What I have learned is that paypal can do nothing to help me, however, by filing a subpoena I can get the credit card companies phone number and other information vital to the case. What I want to know is 1) Who do I file the subpoena against? The credit card company, paypal, or the buyer? 2) Would it be better to just go straight to small claims court? The purchase was for $400, which to most isn't a huge sum of money and probably isn't worth going to court over (which might just get me my money) but at this point I am set on getting what I deserve, no matter how absurd it may seem. Thank you, Matt
You don't have a claim against the credit card company. You have a claim against the person who purchased your virtual goods and then initiated a chargeback with their credit card company (assuming their card wasn't stolen). So you should have their information from the original PayPal purchase, have you contacted them? What is their position on why they charged you back?
 

mattman1

Junior Member
You don't have a claim against the credit card company. You have a claim against the person who purchased your virtual goods and then initiated a chargeback with their credit card company (assuming their card wasn't stolen). So you should have their information from the original PayPal purchase, have you contacted them? What is their position on why they charged you back?
My last contact with him was August 20th, although I sent messages to him prior to then, none of which have received a response. All I have is their email and AIM usuername, plus first and last name, paypal does not share any information other than that.
 
My last contact with him was August 20th, although I sent messages to him prior to then, none of which have received a response. All I have is their email and AIM usuername, plus first and last name, paypal does not share any information other than that.
The give you the person's full name and address. Go back and review the transaction. See if it says "Verified" next to it.
 
No he was not verified, and no address was provided.
Then you have basically no recourse. In the future only sell to Verified members whose payments come to you with a full name and address. Chances are somebody used a stolen credit card in which case the merchant (you) is responsible for the chargeback. If you're going to operate a business it's time to learn about due diligence and exercising reasonable care over your inventory.
 

racer72

Senior Member
I see a couple other issues not addressed yet. The first is you are not 18, as a minor you cannot sue in small claims court, or any other court for that matter. Second, you would have to sue where the buyer lives. If that is in another state, that is where the any lawsuit would have to be filed. Any expenses to do this are not recoverable.
 

tranquility

Senior Member
Actually, is is kind of "illegal". It would not be prosecuted as there are bigger fish to fry, but you would not find a court willing to help you too much. Unclean hands and all that. Circumventing Microsoft's protections is a violation of the law.

Let it go. You do not want court involvement.
 

Find the Right Lawyer for Your Legal Issue!

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