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Q: Buyer not paying for the item at EBay ..Paypal payment bounced...!! ( No Answer,   2 Comments )
Question  
Subject: Buyer not paying for the item at EBay ..Paypal payment bounced...!!
Category: Business and Money > Advertising and Marketing
Asked by: alphaha-ga
List Price: $10.00
Posted: 21 Jul 2005 19:28 PDT
Expires: 20 Aug 2005 19:28 PDT
Question ID: 546452
I sold a LCD monitor (for $500) at the popular online auction
site,EBay.The Buyer paid through Paypal Echeck which was in a pending
mode.I decided to go ahead and ship the item.Later the Echeck bounced
and when I tried contacting the buyer for Payment,I did not get any
response.

I have the buyer's name ,address and phone number.

My question is,what legal avenues do I have to make this Buyer pay.I
shipped the item through Fedex and have proof that the item was indeed
delivered to this person.
I have already contacted the auciton site and they told me to pursue
the case with my local law enforcement agency and contact them if I
need any documentation relating to the sale.

I am considering filing a lawsuit at Small business claims court.Does
my case hold any water.

Here are my questions :

1)Where should I report the crime.At my Township's Police station or
His. Or is there a special Police department which deal with the
Internet related cases.

2)Is EBay's proof of puchase and Fedex's Proof of delivery sufficient
enough documents to make the case.

3)Should I pursue it at my local Small Business claims court also.

4)Is there any other agency(like BBB etc) where I can present my case.

Thanks for your help.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Buyer not paying for the item at EBay ..Paypal payment bounced...!!
From: bkdaniels-ga on 21 Jul 2005 21:31 PDT
 
Hey alphaha-ga, how are you doing?

The Hot Check Task Force of the District Attorney's Office is
responsible for investigating and prosecuting the offense of issuance
of a bad check (IBC) and theft by check. Under Texas law, a person
commits a theft of property or services if that person unlawfully
appropriates property or secures performance of a service from the
owner by deception, inducing an owner to give up property by giving
the owner a check which the issuer knows will be dishonored by the
bank qualifies as deception if the owner provided the goods in good
faith reliance that the check would be honored by the bank on which it
was drawn.

The key under the law is that the owner must give the merchandise at
the time the check writer renders the check. Furthermore, inducing a
provider of services to provide services by giving the provider a
check which the issuer knows will be dishonored by the bank qualifies
as deception if the service provider provided those services in good
faith reliance that the check would be honored by the bank on which it
was drawn.

Issuance of a bad check is easier to prosecute than theft by check. If
the amount of the check or all accumulated checks exceed $1,500.00,
the case can be prosecuted as felony theft by check.

You may be able to file a suit in the civil courts in order to recover
your losses. You should contact either the Justice of the Peace or a
private attorney for advice on how to file a civil suit.

REFERENCE
Lubbock County District Attorney's Office: How Do I Get My Money
http://www.co.lubbock.tx.us/CDA/get_money.htm

Lubbock County District Attorney's Office: HOT CHECKS :: General Information
http://www.co.lubbock.tx.us/CDA/hot_checks.htm

Best wishes,
Subject: Re: Buyer not paying for the item at EBay ..Paypal payment bounced...!!
From: hockeylover-ga on 22 Jul 2005 03:33 PDT
 
Have you tried contacting Paypal's fraud department? I have never
heard of Paypal ECheck before. I have had a Paypal Payment 'bounce' on
me and Paypal worked with me and the buyer to resolve the issue. I was
very satisfied with their assistance.

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