Out $181 buyer used fraudulent funds qon't pay wants to send item back! HELP

[nevadawn]

What is the name of your state? West Virginia

I sold a sweater on ebay for $181.00 that is including the shipping. The buyer paid 3 weeks ago last week i got an email saying she used fraudulent funds thru paypal and paypal took the money out of my account so I wrote her and she said she would send me a money order. she has the sweater because i had sent it to her when her payment cleared it was 2 weeks after that paypal notified me about the fraudulent funds after i had done sent out the sweater. well i never recieved the money order i have been trying to contact her for a week she finally wrote back today and now says she is going to send the sweater back to me because it is not 100% cashmere but it is I took pictures of the sweater before I mailed out i have proof there was nothing wrong with the sweater when it was sent out. and she is now saying that she could just go to the store and buy the sweater cheaper, but she did bid that high so she has to pay that price.I have all emails she has written me saying she would send me a money order.. how would go about making this a legal matter and filing charges. EBay says it is a legal binding contract.

 

[racer72]

Are you willing to spend up to $5000 out of your own pocket to enforce the legally binding contract? Probably not. Get the sweater back and relist it.

 

[janedoe23]

You ought to take the sweater because if you don't your going to be left with no money and no sweater.

 

[nevadawn]

what about taking them to small claims court? thats what I was thinking to do and the fees that it costs just add it to the $181 it like 45.00 to take them their. I mean they have had the sweater for a month and now since they used fraudulent funds first they said they would send a money order and now shes saying well i will just send it back i can get it cheaper somewhere else I mean they just can't send something back after a month of having it just b/c they don't want it anymore that is almost $200 i am losing and that is alot to me. you know

 

[janedoe23]

Taking them to small claims doesn't mean you will get your money either. That is just a judgement and after that you have to collect on that judgement. If they don't have the money then they can't pay you and your judgement will stay open for so many years on the back burner. Another thing is for the defendent to appear in court. Do you think they will appear?? If not then it's back to square one and playing tag. Try sending a certified, restricted letter letting the buyer know of your intentions. Also you can send a detailed and custom bill through Paypal to the buyer letting them know they have a balance do and they need to either pay up or return the item.

 

[dallas702]

Get the sweater back first. Then you can decide if you want to sue for your expenses. If you relist the swaeter and it sells for less (because it's been "owned" by someone else) you can also add that difference to your other loss. if it sells for more you must subtract the difference from your loss.