Legal Question in Criminal Law in New York

Fraud, taking one's money w/ nothing in return

Won an item on eBay for $240. I am in California and seller is in New York. Paid via check to seller. My check cleared and seller never shipped item. Seller is now banned from eBay. I want to file a case in New York to get my $240 back. What crime does this fall under so that I can take the proper steps?


Asked on 2/26/06, 4:12 pm

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Fraud, taking one's money w/ nothing in return

This is a petit theft. The filing fee would probably be more than your claim. Since he will never pay, I wouldn't even bother. The "crime " is also petit theft, but I cant imagine it being worth the trouble either.

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Answered on 2/26/06, 7:07 pm


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