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The internet seller tricked me. I was ripped off!

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GIM

Junior Member
What is the name of your state?What is the name of your state? VA

The seller tricked me into making a purchase I didn't agree to. She led me to believe that she has to see my order so I went ahead and submitted my order with an understanding that we would negotiate shipping cost to my approval. While we were in the process of negotiating the shipping cost she went ahead a sent me the package and withdrew full shipping cost. when I was notified via email that she had sent the merchandise without my approval I immediately called and emailed her a response telling her I would refuse the package and I did by writing "RETURN TO SENDER". I have her email stating she would give me full credit if I send her back the merchandise She later recanted and cited the return policy on her website which I felt didn't apply to me since I didn't make or agree to the purchase. She charged me 20% restocking fee and shipping charge. I would like some guidance as to how to get my refund of $83.28.

I went to BBB but they couldn't help me. The seller is located in IL. can I sue her in VA? If so how can I collect if I win? :mad:
 


seniorjudge

Senior Member
Q: can I sue her in VA?

A: Yes, if that is where the contract was made.


Q: If so how can I collect if I win?

A: You will have to latch on to any assets she has in Virginia. If she has no assets in Virginia, then you are out of luck.


BTW, this will cost you a whole lot more than $83.28 before you finish.
 

GIM

Junior Member
Basically I'm SOL.

For future reference, since I made the purchase from my home, which is VA, is that considered contract was made in VA eventhough the seller is in IL?
 

racer72

Senior Member
GIM said:
Basically I'm SOL.

For future reference, since I made the purchase from my home, which is VA, is that considered contract was made in VA eventhough the seller is in IL?
Nope. The exchange of funds for merchandise, hence the contractual obligation, took place in Illinois. If you were to sue in your home state, all you will have is an expensive piece of paper, it is not worth a thing in Illinois. You would then have to domesticate your judgment in Illinois, it would be much easier to sue there instead. Of course you do realize the some of the costs of trying to sue and collect are not recoverable. Things such as travel, food, hotels, etc. I use to sell on eBay and had a couple of disgruntled buyers, both sued me. One lives in Ohio and the other in California. I had both cases dismissed based on lack of jurisdicton of the court in which the lawsuits were filed.
 

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