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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11933
Experience:  Licensed Texas General Practice Attorney
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Hello I recently traded 7 comic books to a guy in maine and

Customer Question

Hello I recently traded 7 comic books to a guy in maine and he was supposed to send me one. He sent me a restored comic instead of original and I was wondering what my legal options are since it was over the internet and I don't have recording of me sending or receiving package. Should I contact law enforcement or civil suit or am I out of luck
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Do you have any proof that this was to be an original (emails, texts, etc...) rather than a restored?

Customer :

just that it was supposed to come cgc but I don't have the item anymore to prove what he sent.

ScottyMacEsq :

Is this guy that you traded to in the business of comic books, or just an individual?

Customer :

it was kinda like just ebay messages so no contract

Customer :

individual

ScottyMacEsq :

And you didn't actually purchase or do anything through ebay? Just messaged through it?

Customer :

yea

ScottyMacEsq :

When you say that you no longer have the item, does that mean that you sold it?

Customer :

no I sent back to him for him to send my comics back

ScottyMacEsq :

...which he did not do, I assume?

Customer :

no and im wondering if he sends back one I sent how do I prove it was one he sent originally

ScottyMacEsq :

Has he responded to you after you sent them back to him?

Customer :

no

Customer :

and being through internet I just don't know if I have a case

ScottyMacEsq :

That would be difficult to prove if you did not have that information. If you know that it was one that you did not send, you could still testify as to what you sent, even though you did not have any actual physical evidence. Oral testimony is admissible as to your recollections and situations within your knowledge and understanding.

ScottyMacEsq :

The main issue is that, since you did not purchase it through eBay, and since he's not a business, you couldn't take advantage of any eBay protections or BBB complaints.

ScottyMacEsq :

This almost certainly would not be something that the police would get involved with.

ScottyMacEsq :

Rather, they would likely tell you that this is a "civil matter" and to sue this person.

ScottyMacEsq :

The reason is that it's essentially a breach of contract.

ScottyMacEsq :

When you agree to give him something in exchange for him giving you something, and he does not give you what he promised, that would be a breach of contract.

ScottyMacEsq :

It could also be fraud, but it's very difficult to prove fraud.

ScottyMacEsq :

You could still sue him where he lives. Note that it would have to be there under "forum" rules. You need to sue in the place of abode of the defendant.

ScottyMacEsq :

Since that's a bit complicated, I would first suggest sending a demand letter. Send a demand letter demanding return of your comics within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. You can also threaten to press charges against him, but as I said before, that almost certainly wouldn't go anywhere and would essentially be a bluff. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the unpaid wages.

ScottyMacEsq :

If you have the ability to travel there, and he does not comply with the terms of the demand letter, you can sue him. Do a search on the web for his county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the comics or the fair market value of them.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

ScottyMacEsq :

Are you still there/

ScottyMacEsq :

?

ScottyMacEsq :

Hello?

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~20 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, and good luck to you!

ScottyMacEsq :

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!

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