• 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.

bad eBay seller, I need advice

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

dmprisk

Junior Member
What is the name of your state? California
Auction listing said NEW. Seller sent USED. I am disputing with Credit card, because this ended up not being covered under PayPal's buyer's protection because this scammer seller didn't have a high enough rating. I know I'll win with my CC because I sent loads of proof that he sent a used item rather than what the listing said. I also sent item back as instructed by my CC. But seller refused the package. He has now left feedback saying that I used his item and tried to scam him. Anyway, I know my CC will tell me to try mailing it back to him again, it costs me 50.00 to mail back each time. I know his evil game is to then accept it, but claim that it was damaged in shipping, and get UPS or Fedex to pay him, or he will say I damaged his item and try to sue me. Seller lives in Georgia, I live in Calif., I know if I went to court I'd win, with all the proof I have, but if he is allowed to file in Georgia, and I live out here in Calif. Do I have to hire a proxy to state my case? (I know he knows he will lose, but this guy is a sick-o and will do this just to cost me money to fight him. He is the kind of guy who gets his kicks out of harrassing people. I spoke to a girl at the manufacturer's office who dealt with him and she said he never gives up, and wished me luck. Oh goody, I'm his new victim.) Can a seller or buyer sue in the state they live in or does the case have to be heard in the state that eBay's main office is in. Usually you have to sue in the county you bought the item from, or where the damage took place. But since this was online, I don't know.
 


divgradcurl

Senior Member
dmprisk said:
What is the name of your state? California
Auction listing said NEW. Seller sent USED. I am disputing with Credit card, because this ended up not being covered under PayPal's buyer's protection because this scammer seller didn't have a high enough rating. I know I'll win with my CC because I sent loads of proof that he sent a used item rather than what the listing said. I also sent item back as instructed by my CC. But seller refused the package. He has now left feedback saying that I used his item and tried to scam him. Anyway, I know my CC will tell me to try mailing it back to him again, it costs me 50.00 to mail back each time. I know his evil game is to then accept it, but claim that it was damaged in shipping, and get UPS or Fedex to pay him, or he will say I damaged his item and try to sue me. Seller lives in Georgia, I live in Calif., I know if I went to court I'd win, with all the proof I have, but if he is allowed to file in Georgia, and I live out here in Calif. Do I have to hire a proxy to state my case? (I know he knows he will lose, but this guy is a sick-o and will do this just to cost me money to fight him. He is the kind of guy who gets his kicks out of harrassing people. I spoke to a girl at the manufacturer's office who dealt with him and she said he never gives up, and wished me luck. Oh goody, I'm his new victim.) Can a seller or buyer sue in the state they live in or does the case have to be heard in the state that eBay's main office is in. Usually you have to sue in the county you bought the item from, or where the damage took place. But since this was online, I don't know.
You will need to sue the seller in his or her home state. Unfortunately, that will require you to travel to his or her state, and those travel expenses are not reimburseable. So. depending on how much you are out, you'll need to decide whether it is worth it to you or not. You can file a small claims action without travelling to GA, but you'll need to travel to GA to actually participate in the trial itself. This is a risk you take when you buy stuff from out-of-state.
 

Find the Right Lawyer for Your Legal Issue!

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