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Old 06-06-2011, 10:27 AM   #101 (permalink)
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-Typically the police will do nothing and claim it is a civil matter, which it is without some evidence of fraud. A gut feeling or particularly-common pattern isn't enough. The most direct avenue you have to get the ability to collect your money is a small claims case. If you could prove fraud, you could get punitive damages in some jurisdictions with a district case, but the simpler option is to sue in small claims for breach, get judgment, pursue post-judgment remedies.

In many jurisdictions, once you have judgment you can motion the court for an asset hearing. If the defendant fails to comply with the asset hearing summons, a bench warrant could be issued.

The reporting to all those agencies is nice, but *most* of the time inadequate to get a remedy. Judgment against adverse allows pursuit controlled by you, as well as negative credit report entries and public shame. Talk to an attorney if interested in that line of action, though an attorney is not required for most small claims cases.

Good luck.

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Old 06-06-2011, 01:20 PM   #102 (permalink)
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Sounds like a lot of jazz to get my money back if the small claims is the only way. HUGE lesson learned here.
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Old 06-06-2011, 04:31 PM   #103 (permalink)
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Called the local police and they basically told me it was up to the seller and myself to get things straightened out. Small claims is the last resort
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Old 06-06-2011, 04:36 PM   #104 (permalink)
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Why would you wait 45 days to receive your case from this smuck? Of course after 1-2 weeks you start your claim because if a shipping number isn't provided you have no reason to assume it's on it's way.
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Old 06-06-2011, 07:07 PM   #105 (permalink)
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send him a post of this topic, maybe he will wise up.
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Old 06-06-2011, 08:38 PM   #106 (permalink)
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you are not getting money bck..
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Old 06-07-2011, 12:19 AM   #107 (permalink)
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So your telling me that a small claims case wouldn't POSSIBLY get my money back? I suppose even living only 4 hours away from the seller doesn't mean anything?
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Old 06-07-2011, 03:19 AM   #108 (permalink)
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I know you can't get your money back but did you ever threaten the seller with telling him/her you are filing a paypal claim? Maybe he/she doesn't know about the 45 day rule and it might scare them into sending your package...If that doesn't work you could call paypal and see what they will do for you (probably nothing)...when that doesn't work you should threaten the seller by telling him/her that you will contact all winning bidders of their further products (which you cannot do because they are blocked but once again hoping the seller doesn't know)....

just to let you know I only read the 1st page so I don't know what you have done since..
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Old 06-07-2011, 10:48 AM   #109 (permalink)
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Quick rundown. Called ebay they opened a case then 7 days later closed it. Called paypal they opened a claim then 7 days later closed it, then re-opened an appeal and closed that one as well. Called local police, said it would be up to me and the seller to figure out.

Small claims is my only other option and even then I'm not sure how the Judge would rule it.
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Old 06-07-2011, 10:52 AM   #110 (permalink)
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So your telling me that a small claims case wouldn't POSSIBLY get my money back? I suppose even living only 4 hours away from the seller doesn't mean anything?
regardless, filing a small claims case for an amount of $1000 or less is sometimes not worth it for most people as it means taking the time to file the paperwork, going to court, paying the associated court fee, etc. If you have to miss work to go to court, considering everything, a lot of potential plaintiffs don't consider it a good use of their time as it still has to be decided by a judge who can still rule against you.
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Old 06-07-2011, 03:22 PM   #111 (permalink)
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It was more than $1,000. I'm not so concerned with losing money here as much as I am with just "giving" him my money that he stole from me.
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Old 06-07-2011, 03:33 PM   #112 (permalink)
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It was more than $1,000. I'm not so concerned with losing money here as much as I am with just "giving" him my money that he stole from me.
Don't get me wrong, I think the principle is definitely important and I would do everything that you are currently doing to achieve 'justice' , if I were standing in your shoes.
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Old 06-07-2011, 03:57 PM   #113 (permalink)
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Thanks for the support. I hate that it had to come to getting the Gov involved but if thats what it takes then I will deff stand my ground.
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Old 06-07-2011, 04:06 PM   #114 (permalink)
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If this guy really lives 4 hours from you I would get a few friends together and take a road trip. Eye for an eye IMO. Good Luck.
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Old 06-07-2011, 04:38 PM   #115 (permalink)
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Until I get my money back(if I do) I still need to be a good little boy.
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Old 07-31-2011, 06:48 PM   #116 (permalink)
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so did u get a refund
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Old 07-31-2011, 08:49 PM   #117 (permalink)
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so did u get a refund
Sadly I did not. For a second, I thought Paypal and eBay were on my side b/c they kept opening claims and looked further into taking more actions but both did me no good in the end. His paypal is locked/closed and so is his eBay account. Last time him and I talked he said that he was sending me payments, yea right...
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Old 07-31-2011, 09:03 PM   #118 (permalink)
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well at least you got his accounts shut down where he cant do anymore its a small victory..sorry you never got any funds back
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Old 07-31-2011, 09:58 PM   #119 (permalink)
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i'd have gone to small claims court, filed a police report, filed with FTC or whomever for online fraud/online commerical fraud, etc. Also, I would show up at the guys door! That is some bs
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Old 07-31-2011, 10:47 PM   #120 (permalink)
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well at least you got his accounts shut down where he cant do anymore its a small victory..sorry you never got any funds back
Sad part is he will probably be back under different accounts doing the same stuff again.
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Old 07-31-2011, 11:16 PM   #121 (permalink)
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I guess this advice was worthless

Ebay wins because they did not have to refund their fees on the scam...

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if you didn't receive the item they have buyer protection, file a case and you will easily get your money back, you don't have to do anything, he has to provide info about tracking etc to keep the money. it's extremely simple to get your money back in these situations, it's crazy to me that people don't know that? I guess that's how they get away with the scam?
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Old 07-31-2011, 11:32 PM   #122 (permalink)
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Small claims is nowhere as easy as it appears to be as far as getting your money back, especially within a timely manner. Sure, I may win the case but if he has literally nothing to lose, then I wont be seeing money for quite a while and even if I do, it would prob be payments of $9.99 a month or some stupid low amount.
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Old 08-01-2011, 12:17 AM   #123 (permalink)
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Quote:
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Small claims is nowhere as easy as it appears to be as far as getting your money back, especially within a timely manner. Sure, I may win the case but if he has literally nothing to lose, then I wont be seeing money for quite a while and even if I do, it would prob be payments of $9.99 a month or some stupid low amount.
You know what's easy? Getting his address info from your transaction and making his life a living hell. No way I would let this go. You mentioned before this guy isn't too far from you. I would light this guy up make sure the medical bill equals the money I lost.
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Old 08-01-2011, 01:03 AM   #124 (permalink)
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Yea he lives a little over 4 hrs away. I know his address went back to an appartment. Who's to say he "lives" there or even still lives there. If he scammed in the first place, I'm positive there is a lot of other false information that goes along with it.
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Old 08-01-2011, 01:55 AM   #125 (permalink)
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Have you by chance had a lawyer write up a letter to send him? Ive seen several people in the past try this tactic threatening action and it work. Might as well try if you haven't, not much to lose.
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