I want to sue someone in Texas for ripping me off.

[timeisrelative]

Oregon

I live in Oregon and bought something on Ebay and it was broken so I mailed it back.

They emailed me that they would refund my money. After that email I never heard from them again it was purchased back in November 2005.

I sent emails and called their message number. I told Ebay and PayPal.
Ebay said that they were not responsible for sales and people getting ripped off. PayPal said because I didn't report it in 45 days that my case is considered closed and they won't do anything.

I Even signed up at a collection agency called squaretrade that Ebay called a mediartor and recomended, but they said that all they can do is leave phone messages and emails and if the person does not respond that they won't do anything. I did use my Visa check card to purchase it. Will Visa do anything?

I want to sue them though and I went down to my local court house and they said I can't sue the person unless they live in my county. Will I get my money back through Visa. Can I do anyting else. How can I sue someone in Texas if I live in Oregon.

 

[stephenk]

did you use a credit card or a debit card? If the latter, then Visa can't help you. If the former, make a claim for a chargeback to your card.

How much money are you talking about? When did you return the broken item?

 

[twocats]

Unfortunately, even if you did use your credit card to charge the purchase vs. debit or cash advance, you only have 90 days to do the chargeback. I'm afraid that the window to chargeback through your CC is closed.

Sometimes it helps to call the seller at home. Ebay will provide you a home phone number for your seller, however, I think the window to request this information has expired as well. So has your time period to leave feedback, which was also 90 days.

I know this is dissapointing but litigation from state to state can be very expensive. In order to present a viable case, you'd need to be able to provide at least one piece of evidence that the seller had the item and your money. If you did not use delivery confirmation on the returned package, you cannot prove you sent the item back to the seller. Therefore, the seller can claim the returned item never arrived. DC is an additional charge during shipping, usually bought at the counter before mailing for appx 55 or 65 cents. Without this proof, it would be hard to prove Internet Fraud or any case in your favor.

I'm sorry I could not be of more help. Perhaps look at this as a learning experience and whatever you paid to receive it, the price could have always been worse.

 

[timeisrelative]

I did do delivery confirmation.

I had bought a Digital Projector from the person in Lubbock, Texas. You know the kind teachers and business people hook up to their laptop to give presentations on Power Point and such. I paid $600.00 to the seller through PayPal using $236.90 from my old bank account and $364.14 from my Visa debit card. It has been past 90 days, it has been 6 months. It bought it back in November 2005.

I did get a delivery confirmation that they had received it and they emailed me that they had received it and said that they bought it from a University and had to return it to them and would forward me a refund which never happened. I don't trust them anymore because it has been six months. I had emailed them at least 45 times and left at least ten messages on their phone and they do not call back or email me back. The phone message on their answering machine says " You have reached Human Aspect Solutions please leave a message and we will call you back at a later time" So I assume that this is their work number.

Could they put their work number as their home number? Because I already requested their phone number from Ebay and this is the number Ebay gave me.

I had told them that when I turned this projector on the lamp light would turn red and then it would just shut off. They had said they had used it before shipping it and it was fine. I had to pay for shipping both ways and purchased shipping insurance. I can't take it to the post office to see if it was damaged during shipping because the people in Texas have it. I don't trust them because they haven't returned my calls or emails. I even said on a message that I would accept the projector back so I would just get repaired myself, but they don't respond.

Now they have the Projector and my money. If I reported this to the police station in their county would they do anything. How do I know if Ebay and PayPal even talked to them or if they are avoiding Ebay and Paypal too. Shouldn't Ebay do anything to protect me? They always talk about how they insure purchases up to ten thousand dollars, or else I would never had bought on Ebay to begin with.

$600.00 is a lot of money to learn not to buy on Ebay again. Can I do anything with the police in their county or sue them in Texas from here? I guess hireing a collection agency isn't worth it because they don't do anything, Squaretrade hasn't done anything.

 

[twocats]

Your problem with Ebay and Paypal has to do with the time period that has elapsed. Your user agreement with Paypal instructs you to file a claim within 45 days. Your CC company UA likely says 90 days for a chargeback, Ebay itself will always kick you back to Paypal if you paid that way and will not accept a claim at all.

You can sue anyone for anything in the USA - if you have the time and money to devote to it. You should know that you will have to show up in the seller's local area courtroom for litigation. You may also be able to sue for reimbursement of your filing fees should you win. Since your transaction originated via the Internet, you may also prefer to file an Internet Fraud complaint here: http://www.ic3.gov/

If you suspect that the seller has Ebay contact information that is not valid, report to Ebay. Use the Help link, then search for Invalid Contact Information. You should pull up a page that has a link at the bottom that says REPORT. If the seller does not respond to Ebay's inquiries from the contact info on file with Ebay, the seller will be immediately suspended. This is just a booby prize, it will not get your money back. And as soon as the seller updates his info, the suspension will be lifted.

 

[divgradcurl]

How can I sue someone in Texas if I live in Oregon.

You will probably have to travel to Texas to sue them. However, you can probably file the complaint, and have the summons served on the defendant, from your home in Oregon -- you will likely only need to appear for the actual court day.

 

[timeisrelative]

I am confused and don't know what is going on?

I had got ripped off 6 months ago when I paid $600 for a broken projector and returned it, never to receive my refund. I have been wondering when I was going to get my money back ever since. Today, I woke up and checked my bank account and found that I had got back the $364.14 from my purchase that I had paid with my Bank of America Visa Check Card. I had paid for the purchase by doing $364.14 with my Bank of America Visa Check Card and $236.90 with my old Us Bank Account. When I woke up I found that I got back the $364.14, but it was stated, as is shown below.

Transaction Description: ATM/CHECK CARD TEMPORARY CR ADJ ON 11/23/05 CARD
amount: $364.14

I had emailed Bank of America 3 days ago that I had got ripped off on ebay, and I explained the situation. I don't understand, that when it says "temporary" whether they are going to take the money back after they investigate it, or they already completed the investigation and I got my money back.

I don't know if they are going to take the money back because I don't understand the word "temporary" in the transaction title, but I never heard of a bank depositing money into someone's bank account only to take it back out again.

Is their investigation over, or are they still investigating it?

It says: "TEMPORARY CR ADJ ON 11/23/05"

The date of the transaction was on 11/21/05 and not on 11/23/05, so I don't know what is going on.

What is going on?