Legal Question in Business Law in California

who should I sue ?

I sold a laptop on ebay last month. The buyer paid by using paypal. He later filed a complaint for returning my laptop. Paypal refunded his paymant without my approval. Since my paypal account has no money in it, paypal now says that I owe them $176.50 My question is that the buyer has never returned my laptop after getting back his payment, and paypal is saying that I owe them money because of the refund which is from my closed paypal account with zero balance. What should I do in this situation ?


Asked on 6/03/08, 4:12 pm

1 Answer from Attorneys
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: who should I sue ?

You should inform Paypal that he has retained your goods after getting the refund in writing. If that doesn't solve your problem you will have to send him a demand letter offering to pay the shipping for him to return your goods. If he doesn't do so you will have to sue him in small claims for either the return of the goods (i.e. for a writ of possession per Code of Civil Procedure, section 116.210 (3); or, alternately, at the same time in the same case, for the reasonable value of the laptop if he defaults and doesn't submit to the court's jurisdiction. You can plead alternate forms of relief in the same action, and should here because he may not show up to court.

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This reply constitutes legal information for educational purposes and does NOT constitute legal advice nor create an attorney-client relationship.

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Answered on 6/03/08, 6:24 pm


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