Legal Question in Consumer Law in Texas

Scammed again on Ebay - Can I sue seller somehow?

This is about the fourth time now I've been scammed from a seller on Ebay and I've had enough. I won three auctions for limited and rare Bob Masse posters and paid $73 with Paypal. Five days after the seller had my money, they sent me an email saying that they would not be sending me the posters I paid for and that they would not be refunding my money. Ebay has suspended them, but ultimately, neither Ebay or Payapal will refund my money and so I would have to file suit against the seller. I know it's only $73 dollars, but I really want to do this on principle, because the seller also had others listed on the email he sent refusing to complete orders or refund, and they were apparentlt scammed too.

My question is, that the total I paid and lost was $73 dollars, but since the seller lives in Texas, I suppose that I would have to file there, and would like to know if I could also add any travel expenses and atty fees to the suit? Could the other people this person scammed also join in on the suit too? If anyone can offer any advice and recommendations... like if this is stupid and not worth it, or if I can win, please let me know.


Asked on 11/14/02, 7:16 pm

2 Answers from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Scammed again on Ebay - Can I sue seller somehow?

If you are in MD you can file in small claims court, but may have to go to Texas to collect your judgment. A MD judgment would be good for at least 10 years though.

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Answered on 11/15/02, 10:22 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Scammed again on Ebay - Can I sue seller somehow?

You can file in Maryland but would have problems in collecting with a seller in Texas.

Depending on how many others were scammed, you may also be able to file in Federal District court.

If you are interested, I'd suggest doing some research to determine the extent of the scam and then contact an attorney.

Also, you are aware that items can be sold in eBay with reserve, which means that if the price bid is not greater than the reserved amount

then the seller is not contractually bound to sell the item. Of course, even with reserve, they cannot keep your money without performing.

Another action may be to make a complaint to the Attorney General or to the FTC.

G. Joseph Holthaus

(410) 799-9002

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Answered on 11/15/02, 11:31 am


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