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Help! I was defrauded!

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Frustrated2

Guest
I bought merchandise over the internet on Oct. 21, 01 from a single person company in Ohio. I live in another state. I payed by bank check with a return receipt. I never received my merchandise and they said they do not refund money. They also said they will not send my merchandise as well. I have since sent them a cerified letter with also a return receipt saying they have defrauded me and they have ten days from the receipt of this letter to return my money in its entirety. If you do not return my money within this period, I intend to pursue any and all avenues to me, crimmal fraud, mail fraud and civil litigation.

I have not heard from them at all. I have since contacted in their state, as well as, my state and have filed complaints one after the other to the following.

Police, FBI(internet fraud), Postal service, BBB, FTC, Prosecutor office,and Attorney General office.

All their answers have been the same. They need many more complaints on this person before they do something.

The only option I have left is to go to small claims court in their state. I was told it may take 2 trips (700 mile round trip) and I will need a lawyer to file paper work if I want to have it come out of their bank account. This is were the second trip to ohio comes in I believe. I can not afford a lawyer and do not qualify for free legal aid.

I have a some of questions to ask.

1. If this person has committed fraud why doesn't anyone do anything?

2. Is their anything legally I can do besides going to small claims court to get this person on fraud charges?

3. Why do I need a lawyer for small claims court to file papers in ohio.

4. Besides the amount this person owes me what else if anything can I sue them for in small claims example: my traveling time to and from ohio which is about 700 miles round trip. tolls, court costs, lawyer fees.

5. I need to find a lawyer in the kensington area of ohio. I having no luck because their isn't a phone # for state bar in that county. I was told this by the court house.

I feel I am hitting nothing but walls while this person is getting away with fraud.

I will appreciate any and help!
Thank-you
 


JETX

Senior Member
Q1) "If this person has committed fraud why doesn't anyone do anything?"
A1) What would you like to be done and by who??
Lets look at some of the 'people' you complained to:
- Police: (assuming you filed a theft, fraud, etc. complaint with HIS local police, this is your best bet. This is very probably low priority with them so you will need to call every few days for status. Get the assigned officers name and CALL him, repeatedly!).
- FBI(internet fraud): Again, VERY low priority and virtually no enforcement.
- Postal service: Very low priority and ONLY if the mail was used. If not, NO priority.
- BBB: Waste of time and effort.
- FTC: No enforcement effort for such a small case.
- Prosecutor office: Maybe something
- Attorney General: You don't vote in their state elections, do you??
Bottom line to the above... your ONE case is not worth the time to pursue by the 'big' guys unless you can show that this subject IS bigtime.

Q2) "Is their anything legally I can do besides going to small claims court to get this person on fraud charges?"
A2) Not really. However, you might contact HIS local media (newspaper, TV, etc.). They usually have consumer reporters who might take an interest in a local angle, internet abuse case.

Q3) "Why do I need a lawyer for small claims court to file papers in ohio."
A3) You don't. Contact a small claims court in his county and get a complaint 'package' or forms.

Q4) "Besides the amount this person owes me what else if anything can I sue them for in small claims example: my traveling time to and from ohio which is about 700 miles round trip. tolls, court costs, lawyer fees."
A4) Lawyer fees, maybe. None of the other. They are just other 'costs' of your long-distance purchase decision.

Q5) "I need to find a lawyer in the kensington area of ohio. I having no luck because their isn't a phone # for state bar in that county. I was told this by the court house."
A5) Wrong information. Here is a link to the Columbiana County Bar: http://www.ohiobar.org/contact/localbars/list.asp?id=21
Also, here is a link to LOTS of lawyers in that area:
http://directory.findlaw.com/lawyer/servlet/SPracticeFirm?target=FIRM&state=OH&city=Kensington
 
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