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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87240
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I recieved something on ebay which didnt match the item. (Vacuum

Resolved Question:

I recieved something on ebay which didn't match the item. (Vacuum Cleaner) The seller agreed to take the item and pay for return shipping only if I gave them a positive review first. This is what ebay calls feedback extortion. I refused. The item cost 69.95. Shipping the item back can cost me upwards to $75.00. What are my legal options against the seller.
Ebay cannot or will not force the seller to pay for return shipping.

Thanks
James
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. At this point, you have the right to file a small claims suit with the Justice of the Peace Court in your county. For a good explanation of how this works, please see here. This may not be your county, but it has good information on how a JP Court works, and the information is good state-wide. To find your local JP Court, see here.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

This is a breach of contract claim. The essential elements of a breach of contract cause of action that must be prover are:
(1) There is a valid contract;
(2) The plaintiff performed or tendered performance according to the terms of the contract;
(3) The defendant breached the contract; and
(4) The plaintiff sustained damages as a result of the breach.
Valero Marketing & Supply v. Kalama International, 51 S.W.3d 345, 351 (Tex.App.- Houston [1st Dist.] 2001, no pet.).

You would file a PETITION with the JP Court, serve him by certified mail, and then it would be up to him to make it down for the hearing. If he does not, then the matter is won by you on default.

Once you get a judgment in JP Court, you can domesticate it in GA to enforce it if he does not pay, which would include using an attorney BUT he would be liable for the cost to do so.

Very often, a letter threatening a lawsuit is enough to get him to refund you to avoid being sued. Let me know if you need such a sample letter.

Finally, yes, you can sue him in TX even though he is in GA. Tex. Civ. Prac. & Rem. Code § 17.042 states that anyone who contracts with a Texas resident for business may be brought into a Texas Court.

Good luck!

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87240
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for the great information. I was redy to drive to Ga. A sample letter (threatening lawsuit) would be great. thanks again

Expert:  Ely replied 1 year ago.
Hello,

I am providing one now - please one second... do not go away!
Customer: replied 1 year ago.

o.k.

Expert:  Ely replied 1 year ago.
Dear ___________,

This correspondence is in regards XXXXX XXXXX item received by me from eBay, wherein it was described as _____, but what I received was _____.

This is not the same item that I had been promised and for which I entered the transaction with you. Upon your admission of the issue, you agreed only to refund me if I sent back the item, footing the bill myself, and left a positive rating.

As such, demand is hereby immediately made that you:

1) Refund me $__, and
2) Pay for your own return. I should not have to do so.

If this is not done by _____(date), I may have no choice but to seek relief in a court of law for breach of contract and any other related causes of action. Texas long arm statute makes anyone doing business and contracting with a Texas resident liable in a Texas court. Tex. Civ. Prac. & Rem. Code § 17.042.

Once I get judgment, I will not hesitate to enforce it in GA by domestication, followed by levy, garnishment, lien, and/or attachment. Every step will have more legal fees added on.

I do hope that this may be solved amicably, but I will use every resource at my disposal to seek relief if it is not.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87240
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you

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