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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 54240
Experience:  Licensed attorney helping individuals and businesses
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If I purchased and paid for an item on Ebay but never received

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If I purchased and paid for an item on Ebay but never received it....and the seller promised in an email to refund me what I paid if I did not receive the item from the post office within a specified time period...is this considered a legal contract. My seller is reneging on his promises and is claiming I received the item when I truly did not.

INFOLAWYER :

You have a contract here

INFOLAWYER :

so if one side did not perform

INFOLAWYER :

you have a right to a refund in full

INFOLAWYER :

if you paid by credit card, consider challenging it on your credit card as a chargeback

INFOLAWYER :

ebay can also often step in and refund on receiving complaint or pursue the seller for you

Customer:

I paid for it with paypal.

INFOLAWYER :

If sizable amount, small claims court is yet another option.

INFOLAWYER :

You may want to contact them further about seeking to recover

INFOLAWYER :

but otherwise lawsuit in small claims is an option

Customer:

He claims he has proof I received the item, but I never signed for anything and the tracking shows the item was delivered and signed for by another person who is located in another county in my state. He has started threatening me by saying he is going to contact the postmaster general and the sheriff's dept in the county where the tracking sticker was wanded in. He also said he is going to file a small claim. The thing is he paid for insurance to mail it, and has my money for the item. He also stated in his last email that postal fraud can result in jail and/or fines. This was very intimidating to me as I am a retired Federal worker and have nver even gotten a speeding ticket.

INFOLAWYER :

That is evidence in your favor

INFOLAWYER :

he has to show YOU got it

INFOLAWYER :

the documents you mentioned show otherwise

INFOLAWYER :

It is not a criminal matter, but a civil lawsuit is the proper recourse

Customer:

You think he is just intimidating me to see if I 'fess' my sin"? Like a bully?

INFOLAWYER :

It is baseless and seeks to intimidate only

Customer:

What is considered a large amount. I paid $219.95 for the item. Would it be worth it? It just cost me more for your time too.

INFOLAWYER :

Suing in small claims court can be done without a lawyer

INFOLAWYER :

people usually dont sue over this amount though

INFOLAWYER :

since it takes time

INFOLAWYER :

this is especially so if the other side is in another state

Customer:

Ok. The same holds true for him. I am first going to go thru EBAY's resolution system. However, I have seen web sites where people are complaining they might not carry through with a refund for someone with a substantiated claim.

INFOLAWYER :

That is your best recourse

Customer:

Ok. I think you have answered my question. Thanks.

INFOLAWYER :

suing is an option but as we discussed may not be worth time and effort

INFOLAWYER and 10 other Legal Specialists are ready to help you