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My name is Paul. I am a victim of internet fraud/scam. I sent $1,880 to someone in China to send me a laptop, and PayPal cannot guarantee that they will recover my money. What do I do to protect myself from being liable for the lost $1,880? I disputed the transaction on the same day it left my Visa Debit account - and I also opened up a dispute with my Bank. My Bank has given me the money back pending resolution to the investigation, however, Paypal responded to me today and told me that they were only able to recover $2.33. Now, will my bank deal with PayPal to recover the bank''s funds? Paypal says that they can''t guarantee that they will recover any funds as it is on a ''best effort'' basis. What are my rights if I send someone money via paypal and they don''t come through on their promise? The site I used wasn''t ebay, but www.mgaoo.com where I found the best price for an Apple laptop.

Submitted: 561 days and 12 hours ago.

Category: Legal

Value: $30

Status: CLOSED

Optional Information:
New Bedford, Massachusetts

Already Tried:
I opened a dispute with PayPal. I opened a dispute with my Bank. I tried to e-mail the "vendor" at XXXXX_XXXXXXX@XXXXXXX.XXX, requesting that he/she returns my money.

Accepted Answer

I am very sorry that this has happened to you. Your options, some of which you have already tried, include disputing this with your cc company, disputing this with paypal, and suing the person for breach of contract in MA. Your chances of succeeding in MA are small since you can get a judgment but will have a difficult time collecting the judgment on a Chinese company. You can also open a complaint with the Better Business Bureau: https://odr.bbb.org/odrweb/public/GetStarted.aspx

and also publish this scam on the internet with as many consumer protection groups as you can. Another option is to contact the MA attorney general's consumer protection division to learn if they can be of assistance. Good luck, and I am very sorry that this has happened.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.

Accepts:
Expert:	J D Haas
Pos. Feedback:	99.0 %
Answered:	5/10/2008

Lawyer (JD)

21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials

561 days and 11 hours ago.

Reply

Reply to J D Haas's Post: My bank temporarily deposited the disputed amount in my account, pending dispute resolution.

Am I protected in any way?

The bank will go to PayPal and say that there was a fraudulent transaction that occured, and that paypal should give the bank its money back on my behalf.

Now if Paypal comes back and tells the bank that this is a legitimate transaction, the bank can turn around and give PayPal back the $1,880.

Are there any agencies (financial, Visa or otherwise) or similar places that I can call to ensure that the bank can't take the provisional deposit out of my account?

Any way that you look at it, I was victimized - and had money stolen from me online. All of these transactions are electronic and should be reversible.

I am thinking about taking all of the money out of my bank account and closing it - so that I don't run the chance of not seeing the money again.

Does my bank have to deal with paypal to get its money back or does Paypal now have to do their best to get the money from the "vendor" to give it back to the bank? Who's responsibility is it going to be now?

If I close my bank account and the bank eventually debits $1,880 from the closed account - how I can dispute this then to make sure that there aren't derogatory entries on my credit report? Please help.

Posted by J D Haas 561 days and 11 hours ago.

Answer

The answer to your questions will be found in the agreements between you and your bank and you and paypal. The surest way for you to not lose $1880 is to take it out of the bank. You have paid $1880 and received nothing; thus, if you withdraw the $1880 and paypal tries to collect it, you can make the argument that you have not received anything. It might lead to paypal suing you, but you have some defenses as you have not received anything. I am sorry that I cannot help you more, but your the answers to your questions are contractual answers that will be found in the contracts. Good luck.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.

561 days and 10 hours ago.

Reply

Reply to J D Haas's Post: If I don't hear from other experts regarding specific steps or other ideas to prepare for a potential fight with my bank or paypal, I will accept your answer.

Thanks for your advice.

Posted by J D Haas 561 days and 10 hours ago.

Answer

That is fine. Other experts are free to render their opposing or supporting opinions. You have asked me for legal information regarding your issue. I have provided that legal information. The most secure way for you to protect the $1880 is to withdraw it from the bank. You are open to a breach of contract case, but it is also possible for you to sue the company from whom you bought the computer for breach of contract. You have contacted the bank, the credit card company, and paypal. Those are all good steps. I have provided you with additional steps.

If no experts provide contrary opinions in the next few hours, please accept my answer so that I can get paid for providing you with the legal information that you requested. Thank you.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

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Optional Information: New Bedford, MassachusettsAlready Tried: I opened a dispute with PayPal. I opened a dispute with my Bank. I tried to e-mail the "vendor" at XXXXX_XXXXXXX@XXXXXXX.XXX, requesting that he/she returns my money.

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Reply to J D Haas's Post: If I don't hear from other experts regarding specific steps or other ideas to prepare for a potential fight with my bank or paypal, I will accept your answer. Thanks for your advice.

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Related Legal Questions

Optional Information:
New Bedford, Massachusetts

Already Tried:
I opened a dispute with PayPal. I opened a dispute with my Bank. I tried to e-mail the "vendor" at XXXXX_XXXXXXX@XXXXXXX.XXX, requesting that he/she returns my money.

Reply to J D Haas's Post: If I don't hear from other experts regarding specific steps or other ideas to prepare for a potential fight with my bank or paypal, I will accept your answer.

Thanks for your advice.