Answer

Thanks, BigDaddy.

I see the problem. As a practical matter, have you attempted to speak to a supervisor at Paypal about this? Sometimes the line personnel on the phone work with a limited set of powers. There may be a way to resolve this by getting to a supervisor and then a supervisor's supervisor, etc.

If not, if you wanted to go to small claims court, you could do so. But the conflicting information (the $100 shipping in one place and the actual shipping notice elsewhere could be used to argue against you). I realize the amount of money at stake is not enough money to make it worthwhile to hire a lawyer. So if you did go to small claims court, you would probably want to bring it to a court in the buyer's state, and home county. This is so because even if you won, you'd either have to find assets owned by the buyer lcoated in your in home state, or get a court in the buyer's state to honor your state court's ruling. Its administratively easier to collect when you win if the court is in the buyer's state. (Also, if they buyer is not resident in or does not do business in your state, if you sued in your state,he or she could try to remove the case to Federal Court where things could get more complicated for you, representing yourself.)

As for ebay and paypal, big ecommerce enterprises have extensive terms of service that function as a contract. You'd have to look closely to see if you are required to go to arbitration before going to court. Often, in arbitration, the loser pays the arbitration costs, which are likely to be higher than the amount at stake.

In sum, I'd first try to escalate the matter at ebay and paypal to higher authority inside each organization before going to small claims court. And remember the importance of documenting your contacts. Keep a log of whom you spoke with, the date and time. Also, putting things in certified letters can sometimes help show you are serious (remember to keep copies, and pay extra for a return receipt!)

For the future, I'd suggest selling such large things under terms clearly stating the buyer prepays all freight charges. At worst, you'd have to relist the item on ebay, if the buyer refused the freight charges-- but at least there'd be no shipping lien on your goods.

I wish all the best in finding resolution. Sincerely, XXXXXXXX XXXXX.

Expert:	Attorney Wayne
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Answered:	10/1/2009

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