Legal Question in Business Law in Washington

Re: Internet fraud

This question involves a large amount of analysis, but I'll try to get to the "quick and dirty" answer.

First, you would be able to bring a small claim action in Washington State because that is where the seller is located. I am not licensed to practice law in New Jersey, but it generally takes sufficient minimum contacts of the seller with NJ to allow a NJ court to have jurisdiction.

Assuming that you could get jurisdiction in NJ, you would likely get a judgment against the seller. But you would need to hire an attorney in Washington to execute on the judgment (i.e. garnishing wages, attaching to real property, etc.). It is unlikley that a Washington attorney would take a $69.00 case. You might be able to hire a collection agency to attempt collection of the debt, but if the seller claims that there is some dispute, then the collection agency will not attempt any futher collection.

Finally, ebay has some dispute resolution resources I recommend you try:

Online dispute resolution can help you resolve disputes that may arise when buying and selling on eBay. SquareTrade, eBay's preferred dispute resolution provider, offers two services:

A free Web-based forum that allows users to attempt to resolve their differences on their own, and the use of a professional mediator.

You can also visit: http://www1.ifccfbi.gov/index.asp to report the internet fraud.

I also recommend that you contact a NJ lawyer who can analize whether the seller has sufficient contacts with NJ to allow a NJ court to exercise jurisdiction.

Re: Internet fraud

Hi Jennifer,

I'm not sure I'm going to be much help, but I'll tell you what I can off the top of my head ... 1. I'm not sure what Paypal's policies are, but I would follow up on that ... seems like a ridiculous amount, 2. you certainly should be able to recover if you file a suit - small claims or whatever - and can prove the contract & payment, but the amount in dispute may not justify it (small claims cost $35 appx. even when you live next door) and a judgment does not guarantee collection 3. Sounds criminal to me ... I would contact the appropriate police agency (city or county they live in) and make a complaint - don't know what kind of follow up you would get, but may motivate a refund, or at least shoes sent?? ... anyway, sorry I can't give you any more helpful insight, but the amount just wouldn't justify throwing more money at it in my opinion. There may be some statute that provides additional recovery I'm not aware of however. Hope this helps in some way. Happy holidays,

Pete

Re: Internet fraud

You certainly can take them to small claims court but you would need to fly to WA to appear in court since attorneys cannot appear in small claims court. I would pursue 2 avenues - notify your credit card company and let them pursue them and notify eBay that you want its help under its dispute resolution policy and that you are asking your credit card company to pursue a fraud claim against them. As additional actions, you can notify both the Attorneys General in the states of Washington and New Jersey about the transaction. You can also check to see if the business is listed with the Better Busienss Bureau in Washington and notify them of the breach of contract.

BTW: Ask PayPal where they came up with the .47 cents. Are you sure its not .47 cents on the dollar?

I wish you the best with your remedy.

Jane