Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

If someone purchases something from an auction site and pays

Customer Question
for the item and never...
If someone purchases something from an auction site and pays for the item and never recieves it, how long is the statute of limitations for that?
Submitted: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
1/2/2011
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,695
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Hi,

In order to answer this, can you tell me where the item was being shipped from?
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
new york
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Hi,

Sorry for what must have seemed like a stupid question. I saw the New York but thought that might be where you are. (And maybe you are). But I needed to know where the seller is.

If you have been defrauded by an eBay seller from New York, you have two years to press misdemeanor charges for larceny (fraud of this sort in NYS is covered by the theft statute) and 5 years to press felony charges for theft by fraud. The amount of money that this item cost you would determine whether it was a misdemeanor or a felony. A felony would involve money or property in excess of $1,000.

You would bring these charges by filing a report with the police in the county where the theft occurred and let the police know that you wished to press charges. Note that for this to be a crime the seller would have to knowingly take your money and property with the intent to deprive you permanently of that. Here's the felony Larceny statute in NY for theft more than $1,000 and less than $3,000.

As this involved an eBAy sale, you can expect the police to try to tell you that this is a contract matter that you can take up in small claims court or in regular civil court. They are right. You could also seek to get your money back that way. If the police more or less turn you away by telling you that this is a civil matter , you can go directly to the DA's office in the same county, ask to talk to an Assistant Disctrict Attorney and file your complaint with them too. DA's have discretion over what cases they take on and prosecute, and they could also tell you that you'd have a better chance in civil court where the burden of proof is more favorable to you than in Criminal Court where the state has to prove guilt beyond a reasonable doubrt. I can't tell you whether or not they'd turn you away. That would depend on the infomation you tell them and whether they think that they could prove a fraud beyond a reasonable doubt.

If you do want to pursue civil remedies rather than criminal, the maximum amount you can recover in a New York Small Claims court is $5,000. An eBay deal is considered a binding contract . The statute of limitations on a contract in NYS is 6 years. You do not need a lawyer to bring a claim in Small Claims Court.



Edited by FranL on 1/2/2011 at 3:58 AM EST
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,695
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago

Thank you for the response. It was very helpful.

Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Glad to help.

Have a happy new year.
Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,695
28,695 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
If the victim of a theft by fraud conviction provides
if the victim of a theft by fraud conviction provides balances using a higher interest rate than they actually paid to determine the loss and amount of restitution by the Court, is this grounds for en… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I was charged with 1st offence felony larceny in NC and was
I was charged with 1st offence felony larceny in NC and was sentenced to complete 75hrs community service. While competing my service at the salvation army a lady said I took something without paying … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
On a extradition case...charge is Larceny out of the state
On a extradition case...charge is Larceny out of the state of Minnesota....after a 10 day detainment....what is to be expected if the extradition doesn't happen? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
Im looking too see if a petty larceny can get removed or if
im looking too see if a petty larceny can get removed or if MWC will do diversion programs... … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers
I got court papers for 2 counts of theft. But one count I
I got court papers for 2 counts of theft. But one count I have proof the vehicle is mine and the other I bought but never got a bill of sale even after asking. And first is pending and the other is I … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I live in Michigan. Can I file a criminal complaint for
I live in Michigan. Can I file a criminal complaint for usury? I was charged 60% interest on a 20k personal loan from a private individual. During a court hearing in which the plaintive was sueing me … read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I was accused of petty larceny and would like to know if my
I was accused of petty larceny and would like to know if my lawyor can get it dismissed because it was only 14.00 dollars and I didn't do it like they said … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,695 satisfied customers
12 years ago i received an A misdemeanor for theft but only
12 years ago i received an A misdemeanor for theft but only last year i found that the court house had me filed as a felony for 12 years!!! i never understood why i was rejected from fire departments … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
I am trying to find out if misdemeanor theft can be expunged
I am trying to find out if misdemeanor theft can be expunged in MD … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,695 satisfied customers
I have been charged with a misdemeanor for retail theft, and
I have been charged with a misdemeanor for retail theft, and when I showed up for my court date, the judge rescheduled my court date and told me to get a lawyer. Should I go with a lawyer or a public … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My son was charged with misdemeanor larceny. He has a prior
My son was charged with misdemeanor larceny. He has a prior deferred prosecution for a different charge. What can he expect to happen from the court system? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
Is the filing of a criminal complaint defamation if the
Is the filing of a criminal complaint defamation if the prosecutor decides not to press charges against the person who was named in the criminal complaint? Also considering that the criminal complaint… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,695 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x