Lost PayPal chargeback, buyer kept item and money, recourse?

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Latest post Wed, Feb 22 2017 7:16 AM by ca19lawyer2. 13 replies.
  • Sun, Feb 19 2017 12:20 AM

    Lost PayPal chargeback, buyer kept item and money, recourse?

    I sold a $700 new designer clothing item on eBay. Buyer lost the eBay SNAD case but won the subsequent PayPal CC chargeback.  Now I'm out of the money and the item.  What recourse do I have in getting the item back?  I tried contactacting the buyer without success.  I'm in CA and he's in DC.  Thanks.

  • Sun, Feb 19 2017 8:32 AM In reply to

    • DOCAR
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    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    You can sue the buyer, but, depending upon the facts, you would have to sue them in DC.

  • Sun, Feb 19 2017 6:20 PM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    If you can't serve them in CA, you can't sue them in small claims in CA.  You also have to consider that your travel expenses would not be recoverable should you sue in DC.

  • Sun, Feb 19 2017 7:08 PM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    Can I sue PP in small claims in CA if it's easier to recover some of the cost of the item or take it to BBB?

  • Sun, Feb 19 2017 7:39 PM In reply to

    • DOCAR
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    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    The BBB will do nothing for you.  You can sue them in small claims court in california if they are in California.  You said they were not, so small claims in California is not available to you.

  • Mon, Feb 20 2017 10:59 AM In reply to

    • Arthur3
      Consumer
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    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    Have you informed paypal the item has not been returned? You may be able to appeal the chargeback.

  • Mon, Feb 20 2017 11:40 PM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    Arthur3:

    Have you informed paypal the item has not been returned? You may be able to appeal the chargeback.

    Yes, I did.  PP said it was the buyer's bank that made the final decision on the chargeback and took the money without requiring the item to be returned.  So I can't appeal the chargeback anymore.  Also, they said there's nothing further PP can do to help me other than sending the buyer a useless email asking for the item back.

  • Mon, Feb 20 2017 11:42 PM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    DOCAR:

    The BBB will do nothing for you.  You can sue them in small claims court in california if they are in California.  You said they were not, so small claims in California is not available to you.

    Both PP and I are in CA.  The buyer is in DC.

  • Mon, Feb 20 2017 11:57 PM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    Does anyone know how the long arm jurisdiction mentioned in the last post work when you want to sue someone out of state for small claims?

    http://community.lawyers.com/forums/t/109489.aspx?PageIndex=2

  • Tue, Feb 21 2017 6:35 AM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    I explained it simply in my response to you.  If you can't serve them in CA, you cannot sue them in small claims in CA.

  • Tue, Feb 21 2017 12:38 PM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    lawyerscomfan:
    Can I sue PP in small claims in CA

    Anyone can sue anyone for anything, but the PP user agreement requires that disputes between PP and users be submitted to arbitration, so any lawsuit would be dismissed for that reason.  Also, you have no conceivable valid claim against PP.

     

    lawyerscomfan:
    or take it to BBB?

    I have no idea what this might mean, but complaints to the BBB about Paypal would be completely meaningless.

  • Tue, Feb 21 2017 7:36 PM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    Can I sue the buyer for mail fraud if I ship FedEx to him originally?

    Is it illegal if I google him online and track him down at his workplace?

  • Tue, Feb 21 2017 10:28 PM In reply to

    • DOCAR
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    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    No and no.

    Mail fraud is a crime that would be pursued in federal court and since it usually involves the use of the US Post office not a private carrier.

    It is not illegal to merely use the internet to track someone down. It would depend then on what you did with that information.

    Chalk it up as a lesson learned and move on.

  • Wed, Feb 22 2017 7:16 AM In reply to

    Re: Lost PayPal chargeback, buyer kept item and money, recourse?

    lawyerscomfan:
    Can I sue the buyer for mail fraud if I ship FedEx to him originally?

    As I wrote previously, anyone can sue anyone for anything.  However, (1) mail fraud is a crime, not something for which a private lawsuit can be maintained; (2) there's no mail fraud if you didn't use the mail; and (3) nothing you've described constitutes fraud.

     

    lawyerscomfan:
    Is it illegal if I google him online and track him down at his workplace?

    No, but what you do with such information may or may not be legal.

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