No product shipment but check cashed

[bbinpa]

What is the name of your state?

Pennsylvania

My son sent a check for a xbox to someone in Minnesota for an Ebay purchase. They cashed the check but won't ship the xbox, 3 months have gone by. Sent them a register letter, called, emailed they refuse to answer. Asked them to just refund the money, almost $600. What are my options to collect?

Thanks

 

[divgradcurl]

What is the name of your state?

Pennsylvania

My son sent a check for a xbox to someone in Minnesota for an Ebay purchase. They cashed the check but won't ship the xbox, 3 months have gone by. Sent them a register letter, called, emailed they refuse to answer. Asked them to just refund the money, almost $600. What are my options to collect?

Thanks

File a small claims action in Minnesota.

 

[bbinpa]

File a small claims action in Minnesota.

Wouldn't this be filed in Penna?

 

[Some Random Guy]

Quote:
Originally Posted by divgradcurl
File a small claims action in Minnesota.



Wouldn't this be filed in Penna?

Oops! I guess Ebay forgot to tell you that if you buy from unscrupulous out of state vendors, you have to sue them in their own state!

Try contacting the police in his home city in Minnesota. Tell them that he is defrauding people over the Internet. They probably won't care unless he has done it to multiple people.

 

[divgradcurl]

Wouldn't this be filed in Penna?

Defendant (seller) is in Minnesota, defendant's location is usually the correct venue. Unless the seller has a storefront or something in Pennsylvania, the PA courts don't have jurisdiction over the seller, and can't compel himto appear in court. Plus, even if the OP sued and won a judgment in Pennsylvania, the Penn courts have no jurisdiction to enforce a judgment against a Minnesota resident. While it's possible that such a judgment could be domesticated into Minnesota (whether it would or not is a question for the courts), the only way to ensure that a judgment will be enforceable is to sue in a court that has personal jurisdiction over the defendant.

This is why you should consider carefully all of the ramifications of buying something from a seller in a different state before sending off the money.