Non paying bidder on a $3000 XBOX 360 bundle pack sold on ebay with buy it now.

[agomer86]

What is the name of your state? California
State of non-paying buyer? Lucky me, California (but 12 hour drive)

Ok heres the situation. I managed to get ahold of an xbox 360 game console bundle, and we all know how damn hard it is to get ahold of one of those. I put it for sale on ebay and i get a buy it now for exactly $3000 plus $40 for shipping, and about $240 for taxes that he is charged. He has not paid for about a 4 days now, and does not respond to any of my emails. I do have his address by the way. I know that if i resell the item, i wont get more then $1000 because it is not in demand as much as it used to be a few days ago when it first came out.
Here is what I THINK i should do. Take him to small claims down here where I live ,not where he lives for $3280 plus court fees. I am new to this so i dont know what to do, where to go, what to fill out, or if i will win. What do you "professionals" think? Thanks for any advice/opinions, appreciate all of it!
-Aaron

 

[JETX]

What do you "professionals" think?

Pretty simple.... your options are:
1) To allow sufficient time to let the ebay 'non-paying bidder system' work, or
2) File a lawsuit in your local court.

 

[stephenk]

forget about it. The bidder was obviously lacking mental competency to enter into a contract. $3000 for an x-box???

 

[agomer86]

Considering others were going for $2500, im going to have to disagree with you. And it was the new xbox 360, not the xbox, and it was in super high demand.

Anyone else want to throw in their 2 cents?

 

[JETX]

Anyone else want to throw in their 2 cents?

Actually, you got off lucky....
You could have been the poor sucker who 'sold' his for $15,099!!
http://cgi.ebay.com/Microsoft-Xbox-360-Core-Edition-READY-TO-SHIP-LOOOK_W0QQitemZ8236581615QQcategoryZ62054QQrdZ1QQcmdZViewItem

Or maybe the seller asking $10 MILLION:
http://cgi.ebay.com/Microsoft-Xbox-360-Game-console-Platinum-Package_W0QQitemZ8236280315QQcategoryZ62054QQrdZ1QQcmdZViewItem

And lets all 'give it up' for these other idiots, who clearly have more dollars than sense:
http://search-completed.ebay.com/xbox-360_W0QQcatrefZC6QQcoactionZcompareQQcoentrypageZsearchQQcopagenumZ1QQfclZ3QQfisZ2QQfromZR10QQfrppZ50QQfsooZ2QQfsopZ3QQsacatZQ2d1QQsbrsrtZl

 

[BelizeBreeze]

Actually, you got off lucky....
You could have been the poor sucker who 'sold' his for $15,099!!
http://cgi.ebay.com/Microsoft-Xbox-360-Core-Edition-READY-TO-SHIP-LOOOK_W0QQitemZ8236581615QQcategoryZ62054QQrdZ1QQcmdZViewItem

Or maybe the seller asking $10 MILLION:
http://cgi.ebay.com/Microsoft-Xbox-360-Game-console-Platinum-Package_W0QQitemZ8236280315QQcategoryZ62054QQrdZ1QQcmdZViewItem

And lets all 'give it up' for these other idiots, who clearly have more dollars than sense:
http://search-completed.ebay.com/xbox-360_W0QQcatrefZC6QQcoactionZcompareQQcoentrypageZsearchQQcopagenumZ1QQfclZ3QQfisZ2QQfromZR10QQfrppZ50QQfsooZ2QQfsopZ3QQsacatZQ2d1QQsbrsrtZl

ANYONE who thinks a toy is worth that much deserves what he gets....SHAFTED

 

[janedoe23]

Ahhhh you poor widdle baby. Get a life and quit being so damn greedy. File a non-paying bidder alert and get your final value fee back and MOVE ON! 90% of those people in line were in line just to make a profit now you have people who really want it but were unable to get one and are now looking at paying $2000 for it.

 

[JETX]

Ahhhh you poor widdle baby. Get a life and quit being so damn greedy. File a non-paying bidder alert and get your final value fee back and MOVE ON! 90% of those people in line were in line just to make a profit now you have people who really want it but were unable to get one and are now looking at paying $2000 for it.

Sorry, but I agree with the OP.
This was an extremely high demand item in its first few days introduction... and those outrageous prices might seem unreasonable to some... there are people who are paying those prices.
And the fact remains.... the OP has been screwed by the false bidder and has the legal right to pursue a breach of contract lawsuit.

 

[agomer86]

Thank you. When i file a case at the local court, will the case take place in my local court, or his?

 

[JETX]

Thank you. When i file a case at the local court, will the case take place in my local court, or his?

File in your home court. Once served, the defendant then has the right to file a motion to dismiss due to venue. If the court agrees with the motion, the court will dismiss and you will have to consider filing in HIS home court. However, if the defendant doesn't file the challenge... then your court should hear your case.

 

[stephenk]

how much was the second place bid? have you thought about contacting them and seeing if they want to still purchase it?

 

[agomer86]

it was a 1 bid buy it now purchase, hes the only one.

 

[dallas702]

And then he sobered up.

 

[HomeGuru]

I'll buy it for $350.

 

[stephenk]

do you have his actual name and address or just his Ebay name?