Legal Question in Civil Litigation in Maryland
Theft through E-bay
We purchased something from a seller on ebay...sent a money order, but never received the shipment...now we see that the seller has it relisted and has sold it to someone else whom he never shipped to...it was over $300.00 and I was wondering what the penalty would be for that...or if we should pursue legal action. We live in Kentucky and he lives in Maryland.
1 Answer from Attorneys
Re: Theft through E-bay
First of all, if you haven't already, you should notify e-bay so they will take action to prevent this person from using the service again, although it seems he's doing so anyway. Once they're notified, they presumably would take down his current listing. Are you sure he received your money order? If not, he may have assumed you changed your mind, so he's put it back up.
Assuming he did cash the money order, that would constitute theft by deception, and you would have to come to his county of residence and swear out an affidavit to get the police to obtain a warrant for his arrest. If he's charged and convicted, the prosecutor would probably seek restitution on your behalf. If they don't feel they can prove theft (that he knowingly intended to defraud you when you made the purchase), you could sue him here in small claims court--obviously not a very practical solution.