Legal Question in Credit and Debt Law in Pennsylvania

Can I file criminal charges against this individual?

I purchased an item on ebay from a person in the state of Ohio. The contract stated I had to send payment within ten days, which I honored. The price of the time was $2,260.00, including ship charge. Received item after 6 weeks and was not as described so I sent it back for a refund which I never received. (Contract stated 7-day money back guarantee and I fulfilled my obligation.) After many promises and stall tactics and cannot get my money back from this seller. I honored every detail of the contract and she has not! I purchased the product in August of 2001. I've contacted PA Attorney General's office (which tried but failed) and the FBI's Internet Complaint Department--4 weeks ago and to this day I have never received a response from them. I'm going to press charges next week (Thursday) at my local magistrate's office, but I want to file criminal charges--not civil. Can I do this, and if I can't, why not? Please respond ASAP and thank you in advance. Note: I am a disabled senior but I can travel to Ohio (where she lives) to pursue this case if I must.


Asked on 5/18/02, 2:35 am

1 Answer from Attorneys
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Can I file criminal charges against this individual?

To file criminal charges is the decision of the local district attorney's office. You can contact them in Ohio and see if they are willing but it is not your decision its theirs. Your best hope is to file the civil charges locally, hopefully they will not show and you will get a defualt judgement. They have 30 days to appeal and if they do not you will need to get your judgement certified and hope you can collect. If you need help after the magistrate hearing on collecting contact my office.

Brandon Barnett, Esq.

412-916-1677

www.youresquire.net

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Answered on 5/19/02, 9:40 pm


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