Legal Question in Civil Litigation in California

Ebay fruad

I am a regular buyer and seller on an online auction site. I bought a video camera from a man on this site. I paid him via a secure paysite that is supposed to be a secure and safe payment site. But i never recieved any murchandise. I also have the mans name adress and telephone number, and he lives in another state. I went through the auction site and the paysite fruad protection claims, and at the end of the claim they said yes it was fraud and yes i deserved my money returned but they could do nothing. I want to know whether i should file a suit with the auction site, the paysite or the man himself. The item was worth around $150.00. Thank you for your help.


Asked on 1/31/05, 2:12 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Ebay fruad

Certainly, you can file a small claims action against the man. However, you would probably spend more to collect than it's probably worth. First, you would either sue here or in the man's state. If here, you would have to domesticate the judgment in the man's state, which would cost a bit of money. Then you would have to find his assets and try to seize them. Again, that would cost money. Next time, it would probably be wise to either use an "escrow" agent or a credit card. Also, if nothing else, the site should give him an "untrustworthy, avoid" rating.

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Answered on 2/01/05, 4:05 am


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