Do I have any legal rights in this situation? What are my options..?

Question

I purchased an item on Ebay about 9 months back where I received a diamond ring that was supposed to be of a certain clarity and quality. When the item was received, the item was clearly not of the clarity and quality stated in the auction. When I tried to get a refund, the seller gave me the run around and eventually deleted their e-mail accounts so I could no longer speak with them. Now I'm out $6500 with no options (that I can think of). I'm from CA and they were from NC, is there any legal action I can take? If so, who would I go about contacting to try and get my money back?

I purchased an item on Ebay about 9 months back where I received a diamond ring that was supposed to be of a certain clarity and quality. When the item was received, the item was clearly not of the clarity and quality stated in the auction. When I tried to get a refund, the seller gave me the run around and eventually deleted their e-mail accounts so I could no longer speak with them. Now I'm out $6500 with no options (that I can think of). I'm from CA and they were from NC, is there any legal action I can take? If so, who would I go about contacting to try and get my money back?

*EDIT*- I paid for the item with a personal check. Also, user information that I tried to get from Ebay only had a phone number that was no longer valid.

Answer 1

Wow. How did you pay forf the ring? Is there any record of an address where the payment was sent? If so, you may be able to track down the person that way and file a civil suit. If it was done by credit card I am sure it's too late to put a stop payment and dispute the charges, however, maybe your credit company can help lead you to the person. I would also report the person for fraud. Maybe they have done something like this in the past. Also, if you haven't involved eBay, they would be a good place to start. They would have a record of the person since they had to provide info when they signed up.

Answer 2

That's fraud and since it's an amount over 1000 dollars, it's a felony. You have legal rights, DO NOT FORGET THAT, if you did not have legal rights then this nation isn't worth the horse crap that falls on it.

First off, get a lawyer and ask them (a few questions with a lawyer isn't too expensive), second off, inform the police in NC after speaking with your lawyer, file a claim.

Contact EBAY! THIS SELLER IS MAKING THEM LOOK BAD! It's bad for business, and don't shut up until Ebay sends you real help in getting your money back. If you paid with Paypal, then Paypal should be able to help once you get a warrant from the NC police.

PS, DON'T WAIT ANY LONGER, YOU'RE MAKING IT HARDER EVEYRDAY!

PSS: Get your ring appraised by a professional, combined with the recipet and hopefully a printout of the bid, you have evidence of fraud, and with a personal check, you can find out who withdrew the money, if it was a business, then who the license holder was, get it appraised, get a lawyer, and follow the trail your personal check left.

Answer 3

If you know where this person lives, you can file a lawsuit in California for breach of contract and fraud. You can then have the tortfeasor served with a summons and complaint in North Carolina by a sheriff or by a registered process server. If you obtain a judgment by default (he/she doesn't file an answer to your complaint within 30 days) or win at court trial, you can obtain a sister-state judgment. This is what I would do for something in excess of $25,000 and I would hire a lawyer. As for small claims court, which is where your case would have to be, since you are pro se in small claims court (a lawyer can't represent you in court), you will have to find out what your legal remedies are by visiting the court's website for information on small claims litigation, or get the advice of a lawyer on how to do this.

You haven't waited too long. The statute of limitations on fraud and breach of contract is longer than 9 months. For this amount of money it may be worth it to hire a skip-trace investigator, or go online to a website that does skip tracing for a fee.

Answer 4

First, give up taking authorized recommendation from librarians. Second, learn the legislation that you're speculated to have violated. It is indexed at the summons. Not simply the identify, however the whole statute. That must reply such a lot of your questions. You are asking if you'll be able to be charged, however you've got already been charged, so there may be your reply. I suspect you desire to grasp if you'll be able to be convicted. For that, learn the important statute of your state. BTW, rather of the receipt, subpoena the librarian.

Answer 5

Did you pay with PayPal?? If so, you're in luck, as PayPal has a buyer guarantee which should cover you. Go to Paypal.com and log into your account, then follow the links to the Resolution Center..

Or.....contact Ebay regarding the transaction.

If you did not pay with Paypal, you should contact your Prosecutor's Office (see your County Court House directory).

I wish you luck.......

Answer 6

This was a case of fraud, and was across state lines. That makes it a federal issue - you should report this crime to the FBI. They can then take action. You've left it a long time though - they may not find there's any money left to recover.

Answer 7

I think you are SOL because you waited too long. You can try filing a complaint with E-bay and you should have issued a complaint with the company that you made the payment thru (Paypal, your credit card issuer, etc.)