Nonprofit Org vs. Ebay seller in same state. Jurisdiction?

[Texasgal]

What is the name of your state? Texas
On behalf of a non-profit organization, I won some Ebay bids from a seller who also happens to be in Texas (although in a different county.) Through the mail, I sent the seller a check for over $600 from the organization. She cashed it. I haven't received the items. Things have transpired to make me believe that she never had the items to sell - that it was fraudulent all along. A LOT of people got scammed and I have emails etc... from them on file. I called the police dept. in her area (a very small dept) but they weren't sure of jurisdiction - if I should file through them or through my local police dept.
I don't know either and am looking for case law or guidance. I have to persue this since it isn't my money! EBay may suspend her, etc... but I want the merchandise or the money and I wouldn't mind her theft/fraud being a part of her record. We're a very small, grass roots organization. $600 is a good chunk of change for us, so hiring a lawyer is out of the question. Where should I request criminal charges be filed? Were should I file small claims court? Thanks!

 

[Godzilla]

What is the name of your state? Texas
On behalf of a non-profit organization, I won some Ebay bids from a seller who also happens to be in Texas (although in a different county.) Through the mail, I sent the seller a check for over $600 from the organization. She cashed it. I haven't received the items. Things have transpired to make me believe that she never had the items to sell - that it was fraudulent all along. A LOT of people got scammed and I have emails etc... from them on file. I called the police dept. in her area (a very small dept) but they weren't sure of jurisdiction - if I should file through them or through my local police dept.
I don't know either and am looking for case law or guidance. I have to persue this since it isn't my money! EBay may suspend her, etc... but I want the merchandise or the money and I wouldn't mind her theft/fraud being a part of her record. We're a very small, grass roots organization. $600 is a good chunk of change for us, so hiring a lawyer is out of the question. Where should I request criminal charges be filed? Were should I file small claims court? Thanks!

It serves you right, and you deserved to be fired for being irresponsible. Buying from faceless people on the Internet - - especially from people in Texas who probably live in trailers, and have teeth missing - - is a sure way of losing your money. These forums are FILLED with Ebay "suckers" just like you. There's a sucker born every day!

You could have bought the items from a local store, or searching the classified ads.

Now, it's going to cost you more to go after these crooks. It's the modern-day way for hoodlums to make money at the expense of idiots. Don't you hate being outsmarted by trailer trash?

 

[Texasgal]

I can attest that not all people who live in Texas are missing teeth or live in trailers. That might occur to you if you weren't staring out your own window. Just FYI, in an attempt to save our all volunteer organization money, I DID look for a local wholesaler but most of the items I need are manufactured out of the country. I thought it better to take a chance in my own state than in China. I seldom buy items on line. If you didn't know the answer to my jurisdiction question, why bother to post? That rash bothering you again?

 

[Godzilla]

I can attest that not all people who live in Texas are missing teeth or live in trailers. That might occur to you if you weren't staring out your own window. Just FYI, in an attempt to save our all volunteer organization money, I DID look for a local wholesaler but most of the items I need are manufactured out of the country. I thought it better to take a chance in my own state than in China. I seldom buy items on line. If you didn't know the answer to my jurisdiction question, why bother to post? That rash bothering you again?

Oh, you're so cute with the comments!!

But, how are you going to get out of your situation before your employer fires your ass?

A fool and "her" money are soon parted!

I know the answer to your questions. But, I don't help on-line buyers. They're too stupid, which is why they buy on the Internet in the first place!

Why bother to post? To rub your face in the crap!

 

[JETX]

Lets get you some legally ACCURATE advice, instead of that crap by 'Godzilla'. Ignore 'it'.

I called the police dept. in her area (a very small dept) but they weren't sure of jurisdiction - if I should file through them or through my local police dept.

File your complaint through BOTH agencies.... though I doubt either of them will do anything.

Were should I file small claims court?

You are supposed to file in HER 'home county'. However, if that is too far away, go ahead and file in your county and serve her in hers. She has the right to file a motion to dismiss, but most don't realize that or do it, so you have a fair chance of a local court. If she does file a motion to dismiss.... then you will have to refile or transfer the case to HER county.

However, one problem with all of this... is you need to find out if she has anything to go after if/when you get a judgment. A Texas judgment is good for 10 years and renewable, but that won't help you if she has nothing to go after.

I strongly suggest you contact the police and the DA in HER county, in writing, and try to get them to pursue criminal charges against her. Unlikely... but, depending on your ability to force them to take action, it could work.
One other thing... if her county is large enough to have a newspaper or local media (TV), you might contact them and see if they have a 'consumer reporter' who might be interested in a local story of online fraud (they just LOVE that story!).

 

[Texasgal]

And here we were ... having such a lovely time. Some people are so touchy! Heat / kitchen and all, I guess ... or maybe it's the atomic breath? Where is your sense of humor? You can spout stereotypes but not crack a smile? Anyway, I am not employed by the charity, I volunteer, as do all the members. The charity's money will be refunded but I'd like to stop a thief. Does anyone, other than the esteemed, but biased Mr. Zilla, have anything to add?

 

[Texasgal]

Thank you, JetX! I will check with the county as well as follow up with her local PD. It isn't too lenghty a drive even if I have to go in person. The seller is a real piece of work - and lots of people from all over the states were "taken." I'm really more interested in the criminal than the civil since most of the financial loss is covered. Unfortunately, I tend to think of people as mostly honest. Somedays, Optimism is overrated but most of the time it works for me. Thanks again!

 

[crazy1intexas]

It is so unfortunate that of all the responsible people selling items on ebay, you picked one of the very few to buy from that was not. I have been buying and selling on ebay for years, and can honestly say I have never been "ripped" off nor have I ever done any "ripping". You can be rest assured that most of us selling on ebay are totally honest people, and you have no reason to believe otherwise.

I'm with you when it comes to wondering why someone would bother posting who has nothing beneficial to say.(Godzilla) We, on this forum, aren't all like THAT either. You definately need to contact her or your local tv news station, like JETX says, They love this type of story. If nothing else you will get the satisfaction of knowing you have embarassed this person, and if they any morals at all, they will refund your money.

Good luck, and excuse me, I've gotta go find my missing teeth (BOTH of them!), and scrub down my trailer!-The inlaws are coming over for the weekend and I want my trailer to look real fancy. Maybe I'll invite Godzilla over, we don't have enough narrow minded, egotistical people in my trailer court, he could help fire up the conversation.

 

[Texasgal]

Oh how funny! See, now THATs what I'm talkin' about! I don't do a lot of on-line shopping but everyone raved about EBay so I thought I'd try it out. Weird thing is ... I did all the research ... power seller, long history, great feedback - no negatives, had a store, member of Square Trade or whatever and was in my state. She had several items listed for sale - various kinds of goods. BOOM , the bottom dropped out and everyone who bid on items in my time frame got the shaft. I don't know what happened. She isn't reponding directly to anyone's emails, has had other people email for her and stories conflict. She was in charge of some of those "mystery" auctions and made quite a score there, poor guys. I know a child got ripped off from his birthday money and a grandmother didn't get some plants and on and on. Ebay says they are investigating but they'll just close her account. Big deal, she'll just open a different one later. It is a shame but there are rude, crude & dishonest people out there. That's why the good guys are supposed to be able to take them to court!

 

[JETX]

I'm really more interested in the criminal than the civil since most of the financial loss is covered.

If her actions are so common... AND if the US mail was used at any point in any of the transactions, tell the other victims to all file a complaint with the US Postal Inspection service.
I had a case with over 65 victims of ebay scams were brought to me on a seller in New Orleans. I contacted an investigator in their local office and brought it to conviction. The subject is now in federal prison for a few more years.