Legal Question in Real Estate Law in Texas
I purchased a gun via an online classified website. Once final price and shipping/receiving information was exchanged, a bank drawn cashier's check was sent. I provided FFL's address for receipt of firearm. Once check was cashed, contact all but dropped out of sight. Still have not received purchased item. Police report was filed with local agency, copies were faxed to Maine law agency where the item was to be shipped from. Will this be a civil case or felony theft case? Copies of emails and photo ID of seller has been provided to both law agencies.
1 Answer from Attorneys
There can be dual (simultaneous) civil and criminal actions... if you can find the defendant.
Unfortunately this happens all too often, that is why you should never send payment to a random person online. One method you can use for transactions like this in the future is have the person list the item on Ebay for a Buy it not price (one that the two of you agree to), and you pay with PayPal, then you are insured against this type of loss.
The civil case will be an intentional tort, a type of case that I handle as an Austin Injury Lawyer.
The criminal case will be some sort of theft/fraud case (assuming that the prosecutor decides to pursue the case, and has enough info to do so).
Good Luck!
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