Legal Question in Civil Litigation in California

I purchased what I thought to be an authentic ipod from ebay back in May from a seller in Canada. Unfortunately paypal only gives the buyer 45 days from the purchase date to file a claim. I only found out this past Saturday when I decided to take my ipod to my local apple store to have it serviced since it would refuse to charge. It was then that I was told it was not an authentic ipod it was a knock-off. I have tried contacting the seller but I get no answer. I was wondering if there is any way I can file a lawsuit against the seller on the grounds of fraud, or if litigation would be a more appropiate process in this case, in order for me to get a refund of the total purchase price?


Asked on 10/28/09, 11:07 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Sure, you have a case for fraud against the seller, but how are you going to serve with suit someone in Canada and then collect on any judgment? What assets does he have in California that you could execute against? If you sue in Superior Court the filing fee is $355. You can explain th situation to paypal and try to get them t agree that you would not have been able to find out it was a knock off until well past the 45 days. If he does any more business with them, perhaps they can put some pressure on him to reimburse you, but he will say he was taken in also as he did not know it was not genuine. A suit against him seems hopeless and will cost you more than the price of the item. Sorry.

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Answered on 11/03/09, 3:51 am


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