Legal Question in Civil Litigation in Michigan

Internet Fraud - EBay seller never shipped product, can they be sued?

I recently won an EBay auction for a $1000 Video camera. I was contacted by the seller with payment information and sent him payment in the form of a money order. I live in Michigan and the seller lives in New York. The seller never sent me the camera. He has closed his email account and does not reply to telephone messages.

I have all paperwork and emails between myself and the seller, money order receipts, as well as receipt of delivery from USPS. I have filed a complaint with my local police, as well as with the FBI Internet Fraud Complaint Center. I called local police in seller's jurisdiction and they said to file a local complaint, and it would get transferred to them.

My questions are:

What additional recourse do I have?

Can I sue the seller in small claims court?

In which state would jurisdiction be in? My local police told me that the crime was committed in Michigan, since I was in my house when I was defrauded. Do I file in Michigan then, or do I need to travel to New York to submit a claim?

Thanks a lot


Asked on 1/09/02, 9:44 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Internet Fraud - EBay seller never shipped product, can they be sued?

I think it would be a lot of expense to sue him because you would have to collect. A judgment is only a piece of paper. You have to then collect the judgment. Let the FBI work on this one. Also, contact ebay and have them give you all the info on this guy. They have a definite interest in preventing this type of thing because it ruins their business. By the way, how was the seller's prior ratings by other ebay users? Let me know at [email protected]

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Answered on 1/09/02, 3:09 pm


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