I am an eBay Seller in need of advice

[zozosmommy]

What is the name of your state?What is the name of your state Virginia

I have not been selling on eBay long, but I have run into a few problems. Can I sue someone in another state for non payment?

I had an auction the ended over a month ago. the buyer paid me through Paypal and I mailed the purchse the same day. The day after that Paypal debited my account for the amount of the auction stating that I had received unauthorized funds. I immediately e-mailed the buyer and politely asked what the heck was going on. He replied stating the Paypal had frozen his account due to unauthorized funds he had received. Anyway to make a long story short, he has the product and I have yet to receive payment.

My question is, can I sue him since he is in another state? If so, how do I go about doing it? Lastley can I sue for the actual amount of the product or the amount of the auction? Thanks to anyone in advance for your help and advice.

 

[ablessin]

and the buyer really has no reason to pay you - - he has the goods now.

Perhaps if you're going to sell on e-bay, you could hold shipping for 24 hours to be more certain the funds are going to stay yours!

I am an e-bay seller, and I have been fortunate that I have not had a non-paying bidder, and all of my transactions are going very smoothly.

I ship a day or 2 following receiving payment.

Who is to say ( the buyer could saythis) - I sent a money order, cash - whatever - you may be out the money, sorry to say.

good luck to you

 

[zozosmommy]

?

But he would have to prove that the money had been sent. Correct? My question is can I sue him? He entered into a legally binding contract when he bid on my item.


I understand what you said about holding shipments and such and I thank you and believe me I will do that.

 

[JETX]

My question is, can I sue him since he is in another state?

Of course you can. You can sue the buyer anywhere you want. However, the buyer (and court) have the right to ask you to prove that your state has jurisdiction.

If so, how do I go about doing it?

Call court. Complete paperwork. Pay fee. Serve defendant. Have hearing. Hopefully win.
Then the REAL fun starts. How are you going to force that person, in another state, to pay you??

Lastley can I sue for the actual amount of the product or the amount of the auction? Thanks to anyone in advance for your help and advice.

You can sue for your 'damages'.... that being the amount that the buyer failed to pay.

 

[ldkirby]

Yes to everything JETX wrote, and if your ebay id is the same as your id here, then the price of your items wont be worth the filing fee to sue.

How much was the item in question?

 

[zozosmommy]

Thank you for the advice. Yes my handle here is the same as my eBay screename. The auction was won for 300.00 but the actual price of the items were around 1000.00. Thanks again. Have a great day y'all.