Ebay Buyer ripped me off -- claimed item not received

[duplexowner]

What is the name of your state (only U.S. law)? Ohio

I sold a verizon cell phone to someone online with close to 100% positive feedback. Buyer paid, I shipped, and then the buyer started asking for tracking info even though it wasn't included. Buyer kept asking about the status and finally claimed he never got it and filed a paypal dispute. Paypal eventually ruled in his favor.

I contacted verizon wireless with the ESN of the phone I sold, and sure enough it was active on their network. Off the record, the customer service rep answered yes when I specifically asked if it was the buyer. (gave his name and address).

I know I may never recoup my money, but I want to get this guy kicked exposed and kicked off ebay and paypal. How can I go about getting a subpeana for the verizon records that show the phone tied to him? Can I file a subp in small claims?

Any thoughts? Ideas?

Thanks
Eric

 

[TheGeekess]

So, you sent an eBay item paid for via PayPal without tracking.

Accept the stupid tax and learn that tracking is your insurance, not the buyer. If you had paid for the tracking, PayPal would not have given the buyer his money back. As it stands, you would be out a lot more money than what a cell phone costs by hiring a lawyer, ect.

 

[justalayman]

report the phone to verizon as stolen. (it has actually been stolen by somebody)

I believe they will inactivate the phone.

 

[InsaneJane]

^^^What he said X2. + Call the buyers local police and file a stolen property report giving them the verizon info so that they can check. They may not but WTH. Also Paypal is not the sellers friend. Send them the verizon info and they will never refund the $ to the theif, doubt you'll get it either!!!!
When selling on ebay always have the buyer choose yes or no to tracking plus the price.
Then get one of those free checking accounts from a local bank and always remove most of the funds after paypal makes a deposit. Hense if paypal could not have made the withdraw paypal would have sided with you! (read the forums)

I hope the lessen didn't break you.