• 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.

Another problem with EBAY seller!!!

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

watsonl

Junior Member
What is the name of your state? Nebraska.

I'm afraid I have another ebay problem. I purchased a guitar from a seller, advertised as a Gibson Studio. When I received it, it was a Gibson Special SL. I contacted the seller to let him know I intended to return it for a refund - which I did. When he received it (he says) it was badly damaged. He emailed pix and the guitar looks like someone took a sledge to it. Really busted up. I had it for a few days only from the time I received it, to the time I took it back to the post office, and it was out of the case literally only minutes. Just long enough to see that it was not what was purchased or advertised. It was never played or even out of the case for more than the few minutes mentioned. For some reason he seems absolutely certain that I intentionally damaged the guitar prior to returning it. But, of course, I didn't. It was returned in exactly the same condition as received by me. My theory - he busted up the guitar, took pictures, then assumed the position that I did the damage to avoid having to come up with the nearly $400 that it has not cost me. I returned it to him via USPS insured, but he insists it could not have been damaged by the post office. On top of it all, he has left me negative feedback! I have a long, and very good record with ebay and paypal. BTW, this was paid for via paypal. I have tried to resolve this via email and even a phone call, but he will not answer email unless threatened with action, and would not take my phone call or return it. He is in Baltimore, Maryland and I am in Omaha, Nebraska. So, he has my $400, the guitar, and has left me negative feedback! Unbelievable. My question is, can I take this guy to small claims court in Maryland, to collect damages on the money I am out, as well as, any expenses (legal, transportation) incurred by me in resolving this problem?

Thanks!
 


stephenk

Senior Member
sure you can, except for the travel expenses.

Also make a claim with USPS for the damaged guitar. Who cares what the othe guy says. You sent it in one piece and maybe it did get damaged by the carrier.
 

watsonl

Junior Member
OK, so what can I request damages for in small claims? I would guess any legal expenses required to prepare and file the case, then the direct amount I am out. But not the costs to fly to Maryland? Also, can someone put me on the right path to getting this done - e.g. where do I file (what court, city, etc), how do I file, what is the process?

Thanks very much!
 

janedoe23

Member
If you used a credit card through Paypal then why not just file a chargeback? If Paypal finds in his favor than you have no other choice but to sue in small claims. After a threat of suing maybe he will file that claim with the USPS.
 

Find the Right Lawyer for Your Legal Issue!

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