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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I bought a ring over the internet and the seller is not sending me the

Customer Question

I bought a ring over the internet and the seller is not sending me the ring. She rarely replies to me emails and keeps putting off sending the ring or refunding me the money.
I have contacted ACORN but they have not contacted me yet. I have spoken to Police Link and they have been unhelpful.
I need legal advice
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Where is she located?
Have you paid her the money and was it to her bank account?
Customer: replied 2 years ago.
Yes I paid into her bank account. I have those details.
She lives in Sydney and I live in Brisbane
I do not know her address.
I do have her bank details.
Customer: replied 2 years ago.
She rarely answers my emails or texts and NEVER answers the phone.
She always has an excuse as to why she hasn't sent the ring and has never said she will refund me the $5k.
Customer: replied 2 years ago.
What's with the 10 minute limit?
I have not been at my computer for 1 does that work?
Customer: replied 2 years ago.
Expert:  Leon replied 2 years ago.
Good Afternoon
You can commence proceedings in QLD for the money and once you get judgement then you can garnishee her bank account and get the money that way.
Have you reported it to NSW Police?
Customer: replied 2 years ago.
How do I commence proceedings in QLD? Be very precise Leon?How do I report it to NSW police? WHo do I call?
Are you aware that there are ACORN should be doing all of this?
Expert:  Leon replied 2 years ago.
Good Afternoon
You sue them in the Magistrates Court or QCAT for the money.
Then you serve them in NSW and they have to defend it or the court will make an order and enter judgement against them.
Then you can seek to have it enforced.
I am, aware of ACORN but I do not see this as an internet scam. It is clearly a criminal offence of obtaining a benefit by deception and the police should charge her.
But they are always passing the buck. The QLD police should be talking to NSW police for you but this is not surprising.
Do you know what area she lives in in NSW?
Customer: replied 2 years ago.
only Sydney...
Customer: replied 2 years ago.
how do I serve them in NSW
Expert:  Leon replied 2 years ago.
You have no address?
On Ebay ir where you ordered the ring are their any details?
Customer: replied 2 years ago.
Gumtree and I am trying to get then to tell me an address if they have it
Expert:  Leon replied 2 years ago.
Good Morning
You may have to get a subpoena once you start the court process.
But you can seek an order to serve her by email.
This has to be done when you file the application you ask for a substitution of service application and also that she is in NSW.
The court hose will assist you.
I hope this makes sense and is of assistance?
Customer: replied 2 years ago.
Its not morning Leon.
Where are you?
You are not in NSW otherwise you would know that.
You need to tell me exactly how I start the court process step by step and do it now.
You are of NO assistance...just blah blah balh and I want a refund