Small Claims Court or other remdies. Can I do this?

[aviator41]

Long story short:

Sold a Reloading press on Ebay
Seller initiates return because "item not as described" (which is a bogus claim. I protest, but get nowhere)
ebay allows buyer to return item, paypal puts hold on money he paid with. Paypal deducts return shipping from my account.
as soon as item is marked "delivered" back to me, paypal releases his funds back to him. I am not at home when the package is delivered.
I get home and open the box (same box I sent him) and it's full of junk. basically crap off his garage floor. Old bolts, a rusted set of jack stands. basically stuff to make the package weigh *something*. of course, no sign of the press.
Paypal says "sorry..you're screwed"
ebay says "sorry you're screwed"

He lives in Youngstown, OH. I am in Oklahoma

Can I take him to small claims court here in Oklahoma or do I have to do it in Ohio where he lives? I clearly have an open and shut case, but not sure of where to file.

Any legal eagles care to chime in with what options I may have?

 

[twoguns?]

Road Trip??
That sucks...;/

 

[Brad A]

I once ordered wheels from a place in California. They sent the wrong ones several times and we're basically trying to give me the run around. I told them to give me a refund. They didn't so i went to court here in OK. They obviously didn't show so the judge ruled in my favor.

 

[Larry Morgan]

Sucks man.. This is basically the bulk of complaints you will find with paypal, as they nearly always put the burden of proof on the seller, not the buyer. And they are NOT a bank, so they can pull your money at any time.

 

[Glocktogo]

Sucks man.. This is basically the bulk of complaints you will find with paypal, as they nearly always put the burden of proof on the seller, not the buyer. And they are NOT a bank, so they can pull your money at any time.

You can possibly win a judgment, but that's not going to actually get you any money. What the "buyer" did was commit fraud. That's a criminal complaint you should be filing on him.

 

[aviator41]

You can possibly win a judgment, but that's not going to actually get you any money. What the "buyer" did was commit fraud. That's a criminal complaint you should be filing on him.

Yes, but file with whom? and if I file a fraud report, does that affect my ability to seek civil relief?

 

[cowadle]

file a complaint with the Post Master General. this is mail fraud and is a fed offense. call the sheriff in his county and file a complaint aftter you file with PO . sometimes a deputy will pay the perp a visit and shake him down for you but in reality unless you want to pay extradition to OK you are screwed.

 

[Istandalone]

Wire Fraud through paypal = FBI. don't loose your civil remedy if you file a criminal report.

You can appeal through ebay, as far as I can tell. talk to a real person, etc. you have to jump through hoops, though.

http://community.ebay.com/t5/Archiv...returning-wrong-item-think-I-was/td-p/2969676

 

[aviator41]

Wire Fraud through paypal = FBI. don't loose your civil remedy if you file a criminal report.

You can appeal through ebay, as far as I can tell. talk to a real person, etc. you have to jump through hoops, though.

http://community.ebay.com/t5/Archiv...returning-wrong-item-think-I-was/td-p/2969676

Already tried the appeal. Ebay told me that since I was the seller, I'd just have to put the loss on my books and that there was nothing else they could do for me. my appeal then closed the case. bunch of crooks!

 

[Istandalone]

Already tried the appeal. Ebay told me that since I was the seller, I'd just have to put the loss on my books and that there was nothing else they could do for me. my appeal then closed the case. bunch of crooks!

Ebay sucks,