Legal recourse if a seller sends you a brick?

[Jerbee99]

The state I would have to file in would be Louisiana.

Here's my story, and I'm sure it's nothing new - for you, perhaps - I bought a digital camera off of eBay, and instead of the DiMage, I recieved half of a brick! It was sent FedEx with signature confirmation. What I am wondering now is if I have any legal recourse against the seller. From what I've read, PayPal isn't going to help because he has a tracking number and my signature, and they don't guarantee what was sent, just that SOMETHING was sent. I have no problem with getting a lawyer in the town he sent the package from (New Orleans) to file a lawsuit, but is the burden of proof upon me, in proving that it was in fact a brick he sent? Or is he going to have to prove that he did in fact send me a camera (which he can't, because he didn't..)

Thanks!

 

[BelizeBreeze]

Why not just mosey down to the local 7-11, buy some papers, chip off a little from the corner, roll and smoke it?

 

[Jerbee99]

Thanks, but I was really hoping for a more substantive answer than that...

 

[BelizeBreeze]

O.K. then send it to me in care of FA. I'LL SMOKE IT.

Otherwise, prove he sent you a brick in a court in his home county.

 

[Jerbee99]

We do have a family friend who practices law in the state he's located. Would it be of any use to have him file a suit on our behalf? What would I need to prove that he did in fact send us a brick?

 

[BelizeBreeze]

Someone who is not an interested party, is believable and who actually was present when you opened the package.

Anything more is your word against his. In other words, you'll lose.