another bad ebay experience...help!

[passingby]

What is the name of your state? NC

So my son won an auction on ebay and sent the seller a personal check for the total amount including insurance on the item. The seller never shipped the item. The check has been cashed and my son has the canceled check and the receipt from where he mailed the check priority mail and the seller's signature is on that receipt..signed for it. However, seller will not return communication attempts. It has only been 2 weeks since all this began.

Questions:

1) How do you sue someone out of state? The seller lives in Oregon.
2) Can my son's bank do a chargeback against the seller's bank account if a personal check was used for the transaction?
3) Is a fraud charge possible at all?

Thanks!

 

[Veronica1228]

What is the name of your state? NC

So my son won an auction on ebay and sent the seller a personal check for the total amount including insurance on the item. The seller never shipped the item. The check has been cashed and my son has the canceled check and the receipt from where he mailed the check priority mail and the seller's signature is on that receipt..signed for it. However, seller will not return communication attempts. It has only been 2 weeks since all this began.

Questions:

1) How do you sue someone out of state? The seller lives in Oregon.
2) Can my son's bank do a chargeback against the seller's bank account if a personal check was used for the transaction?
3) Is a fraud charge possible at all?

Thanks!

The only question I can answer is #2 and the answer is, no. If the check has already cleared, your bank cannot get the funds back for you under these circumstances.

Someone else can answer the other questions.

 

[dallas702]

In addition to trying t get your $$ back through the bank or legal system he needs to post a negative feedback and file a complaint with Ebay right away. Once is a great while Ebay will help, but if nothing else he can warn others. Of course, two weeks is not a long time. You both might be embarrased if the item shows up tomorrow.....especially since most sellers won't ship until the check has cleared all the way through.

 

[JETX]

How do you sue someone out of state? The seller lives in Oregon.

You simply go to your local courthouse and file. Make sure you make service on the person as required by your state rules.
The problem with this is that the seller (now defendant) can file a motion to dismiss the case do to lack of jurisdiction. If he succeeds, your son will have to file in the sellers home state.

Can my son's bank do a chargeback against the seller's bank account if a personal check was used for the transaction?

No.

Is a fraud charge possible at all?

Yes, but unlikely that the sellers local law enforcement agency will take the claim, as they will see it as a civil matter. Go ahead and call them to see if they will accept the report.

 

[passingby]

...

thanks to everyone for your quick and helpful responses.

 

[janedoe23]

Typical impatient Ebay buyer. Hello first off the check is going all the way to the other side of the country . Second, the check has to clear in the seller's bank account. Finally, seller has to mail the item to you on the other side of the country. Get a grip!!!!!!

 

[passingby]

....

Typical impatient Ebay buyer. Hello first off the check is going all the way to the other side of the country . Second, the check has to clear in the seller's bank account. Finally, seller has to mail the item to you on the other side of the country. Get a grip!!!!!!

Honey, I didn't tell all the details because I only asked for advice and didn't expect to be judged as if I were concerned for nothing and over-reacting. If I wanted to be judged thus I wouldn't have come on this 'legal advice' board and would have gone to some Dear Abby thing instead...ok?

Details....this seller has disappeared. He has the money already and the phone number he gave to ebay is not his, or so the person who answers the phone says. The person who lives at the address the check was mailed to says he's not the seller. The very day the check cleared this guy put the same item (which was originally advertised as one of a kind) up again for action. The person who answered the phone a the address where the check was mailed said he knew this person and he did this scam crap all the time using different ebay user names, addresses of friends and phone numbers so he can't get caught. He says the seller does not even have said item to mail anyone to begin with. I think in this case, getting a grip means letting this jerk get away with his theft.

Also, how old are you? You act like the knowledge of checks clearing banks and how long it takes for mail to travel across the country is something only a wise person like you knows. That's usually the way kids do when they have no idea the rest of the world knows what they do.

 

[janedoe23]

Honey, I didn't tell all the details because I only asked for advice and didn't expect to be judged as if I were concerned for nothing and over-reacting. If I wanted to be judged thus I wouldn't have come on this 'legal advice' board and would have gone to some Dear Abby thing instead...ok? .

If you didn't want to be judged then you should have stated ALL the facts.

Details....this seller has disappeared. He has the money already and the phone number he gave to ebay is not his, or so the person who answers the phone says. The person who lives at the address the check was mailed to says he's not the seller. The very day the check cleared this guy put the same item (which was originally advertised as one of a kind) up again for action. The person who answered the phone a the address where the check was mailed said he knew this person and he did this scam crap all the time using different ebay user names, addresses of friends and phone numbers so he can't get caught. He says the seller does not even have said item to mail anyone to begin with. I think in this case, getting a grip means letting this jerk get away with his theft.

Now was that so hard to state all the facts? You came on here stating it has been 2 weeks and I have not recieved my item (sounds like a impatient buyer to me) you didn't come in here stating that the seller has pulled scams like this and that the seller has flown the coop.

Also, how old are you? You act like the knowledge of checks clearing banks and how long it takes for mail to travel across the country is something only a wise person like you knows. That's usually the way kids do when they have no idea the rest of the world knows what they do.

Apparently, I'm the only one who took in consideration the time it needs to arrive to the seller and the time for the check to clear as well as the item to be shipped.

Things don't happen overnight like some buyers believe they do. If after another week or two it still has not arrived then you should be concerned.

 

[Veronica1228]

The OP asked legal questions. Those questions were answered. Most people here could care less how long it is supposed to take to receive a package or anything else about Ebay. We just wish it would go away.

 

[Veronica1228]

snoogiejj1 and janedoe23 are the same person.

snoogiejj1 has just replied to a thread you have subscribed to entitled - another bad ebay experience...help! - in the Online Purchases and Sales forum of FreeAdvice Forums.

This thread is located at:
https://forum.freeadvice.com/showthread.php?t=255187&goto=newpost

Here is the message that has just been posted:
***************
If you didn't want to be judged then you should have stated ALL the facts.



Now was that so hard to state all the facts? You came on here stating it has been 2 weeks and I have not recieved my item (sounds like a impatient buyer to me) you didn't come in here stating that the seller has pulled scams like this and that the seller has flown the coop.



Apparently, I'm the only one who took in consideration the time it needs to arrive to the seller and the time for the check to clear as well as the item to be shipped.

Things don't happen overnight like some buyers believe they do. If after another week or two it still has not arrived then you should be concerned.

 

[passingby]

If you didn't want to be judged then you should have stated ALL the facts.

Jumped to conclusions did you? A form or 'impatience' I might add.

Now was that so hard to state all the facts? You came on here stating it has been 2 weeks and I have not recieved my item (sounds like a impatient buyer to me) you didn't come in here stating that the seller has pulled scams like this and that the seller has flown the coop.

Irrelevant that he has pulled scams like this before. In FACT we don't even REALLY know that is true, now do we? It's just hearsay from god only knows who was actually on that end of the phone conversation.

Apparently, I'm the only one who took in consideration the time it needs to arrive to the seller and the time for the check to clear as well as the item to be shipped.

No, you're not. *takes away your doggie biscuit*

Things don't happen overnight like some buyers believe they do. If after another week or two it still has not arrived then you should be concerned.

No, thank you! There's obviously a problem NOW. Go back to sleep.

 

[passingby]

Oh brother...

snoogiejj1 has just replied to a thread you have subscribed to entitled - another bad ebay experience...help! - in the Online Purchases and Sales forum of FreeAdvice Forums.

This thread is located at:
https://forum.freeadvice.com/showthread.php?t=255187&goto=newpost

Here is the message that has just been posted:
***************
If you didn't want to be judged then you should have stated ALL the facts.



Now was that so hard to state all the facts? You came on here stating it has been 2 weeks and I have not recieved my item (sounds like a impatient buyer to me) you didn't come in here stating that the seller has pulled scams like this and that the seller has flown the coop.



Apparently, I'm the only one who took in consideration the time it needs to arrive to the seller and the time for the check to clear as well as the item to be shipped.

Things don't happen overnight like some buyers believe they do. If after another week or two it still has not arrived then you should be concerned.

.............Figures.

 

[Veronica1228]

.............Figures.

She disappeared moments after I "outed" her. Gee, I wonder why?

 

[passingby]

She disappeared moments after I "outed" her. Gee, I wonder why?

I'll bet she's busy making another user name.

 

[janedoe23]

She disappeared moments after I "outed" her. Gee, I wonder why?

Blah Blah Blah Blah Blah Blah Blah Blah Blah. Sorry I don't live on this forum like others do.

Sounds to me your a bit confused. I think you ought to get it together up there before blabbing at the mouth.