Legal Question in Business Law in New York

Refund from ebay seller

Sent money order to Florida $64.84 4/28/04 (includes insurance) in payment for ebay item. 5/17 UPS determined package lost and would issue refund to shipper. Shipper acknowledges receipt of claim form for UPS 6/3 but has not submitted to UPS as of 6/18/04. She has cashed my money order and I feel she should refund my $ now before she is unjustly enriched by UPS and that she should wait for reimbursement from UPS. I would have submitted the claim forms by now. Her ebay page states that she submits refunds in 30 days. It is now nearly 60 days and I cannot get her to refund my $64.84. Can I hire an attorney to collect this in small claims court and collect any expenses incurred in trying to collect??


Asked on 6/18/04, 3:59 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Refund from ebay seller

I suppose you could, but hiring an attorney will cost you alot more than $64.84. You're better course of action is dealing with the problem internally through the website.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/22/04, 7:50 am
Walter LeVine Walter D. LeVine, Esq.

Re: Refund from ebay seller

You can sue in small claims. However, I suggest filing a complaint with e-bay as well as posting the problem on the seller's website, as well as placing a comment on the e-bay website. These become available to the public and effect the seller's ability to continue selling on e-bay.

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Answered on 6/21/04, 10:50 am


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