Legal Question in Consumer Law in Wisconsin

I am a victim of credit card fraud. What recourse do I have?

I sold a $300 Microsoft Surface tablet on ebay. The buyer paid with credit card through PayPal. After receiving the tablet he disputed the charge with his credit card claiming damage. I have proof he is lying. The credit card took the money back from PayPal and Paypal took the money back from me, all without the buyer returning my tablet. He now has my $300 tablet and his money back. I want to pursue this thief who committed fraud


Asked on 2/19/14, 7:34 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

You need to fight this out with PayPal, since they normally would only freeze the funds on a temporary basis, but require the transaction to be undone (with merchandise returned) before they would give the buyer his money back. If they did not do this properly or failed to give you an option to provide your evidence to them, you might consider suing them in small claims court. However, it is far more likely that you failed to promptly respond to them within time limits that they gave you, in which event you are stuck with the result. I have been involved as a PayPal buyer against sellers in disputes over merchandise quality and found that they are aggressive advocates on behalf of buyers in such cases. However, negotiations with the seller, who was very eager to "talk," quickly resolved the dispute. If you failed to attempt this, the outcome is therefore only your own fault.

Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions. I would not normally be taking any further action on your case without your making additional arrangements. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon,

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Answered on 2/22/14, 4:29 am


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