Ebay seller dosn't send the item or refund my money. what should I do?

[smartshoppingg]

Thanks for the reply. I have his address and he lives in Arlington, TX. and I would like to sue this ******* and stop him from stealing money from people. It's true that I end up paying more for the extra costs but it's bout the principle of the matter. if we can not do anything means we give the green light to those bad guys. if there is justice can get my money back from him, he wouldn't even think about stealing from others. Am I right or wrong? All i am asking is justice and if you wouldn't mind could you please tell me which court in his town that I should contact.

 

[CourtClerk]

Your little small claims case isn't going to do anything to right the wrongs of the world. Not a darn thing. No one cares about small claims cases, and chances are he won't pay the judgment.

I'm in California. You're on your own. Notice I said you have to find the jurisdiction and correct filing courthouse.

 

[smartshoppingg]

I disagree. My little small case combined with other thousands like me, if all of us do the right thing, then it's going to right the wrongs of the world and it starts from you and me and others around us because it can happen to anybody, put yourself in my shoes what would you do. I am not here to argue, I am here to seek justice. If he doesn't pay the judgement, is there any penalty against him at least? Thanks

 

[CourtClerk]

I disagree. My little small case combined with other thousands like me, if all of us do the right thing, then it's going to right the wrongs of the world and it starts from you and me and others around us because it can happen to anybody, put yourself in my shoes what would you do. I am not here to argue, I am here to seek justice. If he doesn't pay the judgement, is there any penalty against him at least? Thanks

If I were in your shoes, I would have never bought something on eBay from someone who had such little feedback, thus leaving me in a position where I probably wouldn't even be in your position. I'd either have gone to the apple store or picked my vendors more wisely.

Small claims hearings are usually not even heard by judges. They're pro tems. Attorney's playing judges for the day. You can file 654654655687 claims against this person. No one cares. No one keeps track of them. It doesn't matter. If he doesn't pay the claim, he's not going to jail. He just doesn't pay it. I've clerked in small claims. We don't care. But it's your money and you do whatever you'd like. You seem to be big on throwing money away. Next time find the cure for cancer or cure world hunger.

 

[smartshoppingg]

According to what you are saying that because he has little feedback I should not have bought from him, I conclude if he has more feedback then I should buy from him. Let me tell you something you might not know, even powersellers who have 5000 feedback can cheat and steel your money. The issue here is not you should or you should not. The issue here is how we deal with these bad people. You have clerked in small claims and you don't care, at the same time want a cure for the world? what a contradiction.

 

[CourtClerk]

No, actually I don't want a cure for the world. I said if you want to throw your money away, find a cure for cancer or feed world hunger. I for one would have probably found myself at an Apple store... or Apple's website.

The simple fact is that someone who has a feedback score of 5000 or 10000 is far less likely to cheat you out of your money than someone who has a score of 33. Yes, I have clerked in small claims before and yes, when people start whining about how they aren't getting paid, my standard thought is... what do you want me to do about it?

Go ahead. Sue them in small claims court. Come back and tell us about it when your judgment results in a change in anything.

 

[smartshoppingg]

well, you keep saying go to Apple store. We don't have that product in Canada even at Apple store, I went there and I asked them and they told me it's only in The States. You mean I should just forget about my loss and there is nothing that I can do. what about credit card protection, consumer rights protection act, protection against fraudulent activity??

 

[CourtClerk]

You've been advised. You just don't listen very well. File a claim with paypal. Dispute the charge on your credit card.

Anything else and we're going to start charging you for freeadvice, because redundancy is not my strong suit.

 

[smartshoppingg]

You have not given me any advise. I already put a claim with paypal and opened a dispute with Amex. my only concern is paypal only covers me for up to $200 because the seller has less than 50 feedback, what about my $250 remaining, how can I claim them?

 

[tbud333]

You did the right thing by filing a dispute with Paypal. What happens now is Paypal has sent the seller an email notifying him of the dispute. He now has 30 days (I think) to respond or send the phone. You have to just chill and wait it out. If they do not get a response from the seller in the time aloted then Paypal will take the funds from the sellers account and refund it to you. Paypal always takes the side of the buyer, unless the seller can prove that he has sent the phone and shows that is was delivered (provide a tracking number stating that the phone was delivered to your address).

 

[janedoe23]

I got an idea, why not wait a little bit longer then the two weeks? Afterall, it's going to Canada. Geesh!

 

[Zigner]

well, you keep saying go to Apple store. We don't have that product in Canada even at Apple store, I went there and I asked them and they told me it's only in The States.

There is an Apple Store in Buffalo, NY. It's within *about* 2 hours from your location.

You mean I should just forget about my loss and there is nothing that I can do.

No, that's not what we meant at all.

what about credit card protection, consumer rights protection act, protection against fraudulent activity??

Those things would be under Canadian law for you, and this is a US Law site only.

 

[Zigner]

I got an idea, why not wait a little bit longer then the two weeks? Afterall, it's going to Canada. Geesh!

EXCELLENT point, eh?