Legal Question in Civil Litigation in California

Re: Sue across state lines

Before dragging him into court, I would suggest that you use the resources available to you as a member of the eBay community. Check their "Safe Harbor" programs, which include insurance for the exact problem you have encountered. You can read the details of their claim process at: http://pages.ebay.com/help/community/insurance.html.

eBay also provides access to mediation and arbitration services for such disputes, including the Square Trade dispute resolution service. Try these options before spending the time and money to file a small claims action in California. If the seller was (is) an active trader on eBay, he will not want to lose his trading privileges or suffer other consequences of committing a fraud through eBay.

If you fail at these alternative dispute resolution attempts, you may need to talk with the Postmaster General in your community to file a claim for mail fraud (assuming you mailed the check, and intended to receive the merchandise via mail). I'd bet the seller will take notice when the Feds breathe down his neck a little. Good luck to you!