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I consider filing a small claim against paypall. I am i

Customer Question
Hi I consider filing...

Hi I consider filing a small claim against paypall

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am i texas

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am not sure

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
12/28/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 6 months ago
Hi, I have recently bought a refrigerator from texchstore.com. They shipped the item through the USN carrier (http://usncarrier.com). The refrigerator has never arrived even though their tracking number says it was. I looked in the internet and it seems the shipping company doesn't exist and they have only fake tracking engine. Based on that tracking engine pay pal denied my claim. I am considering filing a case in small claim court.
Customer reply replied 6 months ago
Should I file a small house claim against paypal or textechstore?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Good question. PayPal probably wouldn't be the proper party to sue because they conducted the transaction as they normally would. They can't usually verify the ability of the company to properly ship the item. You can send a dispute to PayPal if you haven't already; however, that may be it.

You should probably go after the company.

This appears to be a classic breach of contract if they did not provide you the items that you paid for. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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