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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23662
Experience:  Lawyer
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On March 05, 2013, I sold my ipad on ebay. Ebay item number

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On March 05, 2013, I sold my ipad on ebay. Ebay item number 111008380713 and ebay accountname maklionsky. I was paid with paypal so I do not know what payment method was used to pay for the transaction from the buyer's prospective. As soon as I got the payment, I sent it the same day. But the "buyer" requested the ipad to a different address for his daughter. The requested address that I shipped it to was 50 E 104 St Apt 11C, New York, NY, 11029. The tracking number was 9505500000833036000410. About a month after I shipped it, I was notified by paypal that the buyer requested as dispute to have the money sent back. I tried to dispute this reversal by providing my documentation that showed that I shipped it and it was received. Unfortunately, it was determined that it was ruled against me because which I found out that the transaction did not meet the criteria for the paypal's seller's protection of not shipping to the address on the transaction details and not having a signature delivery confirmation. So I contacted paypal to figure out what I could do from that point. Paypal told me to contact the buyer to get my ipad back, but the buyer's contact information was fake. Paypal also suggested that I could sue the "buyer" in civil court to get the money back. I filed a civil suit in New Jersey where my record showed this "buyer" resided. According to my records, the "buyer" was supposedly atXXXXX Preston Junction NJ 08550. I personally went to Trenton, New Jersey on July 23, 2013. The judge ruled in my favor because the "buyer" was not present. On August 15, 2013, I received a voicemail from Mark Klionsky, who is the individual I thought was the buyer. But I was later informed that his identity stolen and has his information used to establish a line of credit with paypal's bill me later service. Mark Klionsky can be reached at XXX-XXX-XXXX or XXX-XXX-XXXX. He informed me that he no longer lived in New Jersey and is now in Bethesda, Maryland. He told me that he contacted bill me later and was allowed to reverse this transaction. He suggested that I should have got my money back because it was fraud. On August 17, 2013, I explain to bill me later to try to get my money back and was then connected to paypal to resolve this problem. I was told again that I could not get my money back again regardless to the fact that this transaction was first and foremost fraud.

Do you think I could get my money back?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Unfortunately, the only way for a person to recover in this situation is to go after the wrongdoer - and that is the person who stole the buyer's identity to make the purchase. This is because neither eBay nor Paypal offer fraud protection to sellers. What they do is verify that the purchase was authorized by the person who made the transaction. In this case, that's the buyer. If an item is never received, they can reverse a charge. The buyer's credit card was used illegally, though. They can't charge him for it again (because he didn't do it). Since you don't have insurance through Paypal or eBay, there's unfortunately no way for those companies to refund your money. They do not guarantee against buyer fraud. It's really unfortunate that these sites are being abused by scam artists, but the law currently doesn't have a recourse here, any more than you'd be able to get your money back if someone knocked you down on the street, took your iPad, and ran away without being caught. The only recourse is against the thief, and you don't know who that is.

So, assuming that the buyer's identity really was stolen, the only shot at getting any money back is if the person is eventually apprehended by police and you can file another law suit. I hate to have to say this, but no, that's really not very likely. I'm sorry.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Lucy, Esq., Lawyer
Satisfied Customers: 23662
Experience: Lawyer
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