Experience with filing a Paypal Claim?

[ErinH]

I'll post updates for those who might care. Wish me luck, guys.

 

[aberkowitz]

Simply "accepting that you've been screwed" is not the proper course of action.

My reasoning behind saying that was based on the fact that the sender had no feedback and sent from a PO Box... it's quite likely that there's no way to chase the person down. They might not even have a fully verified PayPal account. It's quite possible that PP and Ebay might be able to help the buyer get something back, but I think at this point that he should view any money returned as a surprise not as an expectation.

 

[Johnd]

My reasoning behind saying that was based on the fact that the sender had no feedback and sent from a PO Box... it's quite likely that there's no way to chase the person down. They might not even have a fully verified PayPal account. It's quite possible that PP and Ebay might be able to help the buyer get something back, but I think at this point that he should view any money returned as a surprise not as an expectation.

It's not that easy to hide. In fact, it's quite difficult. The worst case scenario is that the op could file suit against the seller, and his screen name, and his po box, and then get a subpoena to see to whom the po box is issued to...and what their street address is. Hopefully, it doesn't come to all that.

 

[aberkowitz]

It's not that easy to hide. In fact, it's quite difficult. The worst case scenario is that the op could file suit against the seller, and his screen name, and his po box, and then get a subpoena to see to whom the po box is issued to...and what their street address is. Hopefully, it doesn't come to all that.

Does one need an address to get a PO Box? I thought one of the reasons behind getting a box was the lack of a permanent address. Either way, filing a suit and getting a subpoena will most likely cost more than the $147 that the OP paid for the item. I'm not trying to be defeatist, I'm just saying that for such a relatively small amount of money it's probably not worth all of the trouble and potential paperwork that could come out of filing a suit.

 

[Johnd]

Does one need an address to get a PO Box?

Yes.

I thought one of the reasons behind getting a box was the lack of a permanent address.

Yes, ostensibly. Many do it for anonymity and ulterior motives.

Either way, filing a suit and getting a subpoena will most likely cost more than the $147 that the OP paid for the item. I'm not trying to be defeatist, I'm just saying that for such a relatively small amount of money it's probably not worth all of the trouble and potential paperwork that could come out of filing a suit.

Perhaps, but to the victors go the spoils. This includes filing fees, service fees and reasonable attorney fees. Trouble? What of justice, and PAYBACK?

 

[jinjuku]

The court route: If you go to court, subpoena and find out the actual person to sue, and they don't show you win by default.

The great thing is when this slime ball 5 years from now goes to get a loan or lease, he won't get one.

We had a business stiff us for $800 in 2002. Went to court, they didn't show. 3 years later they call up because the can't get a lease for $80K in equipment. We told them we already wrote it off, good luck running their business.

 

[aberkowitz]

The court route: If you go to court, subpoena and find out the actual person to sue, and they don't show you win by default.

The great thing is when this slime ball 5 years from now goes to get a loan or lease, he won't get one.

We had a business stiff us for $800 in 2002. Went to court, they didn't show. 3 years later they call up because the can't get a lease for $80K in equipment. We told them we already wrote it off, good luck running their business.

Were they in the same state as you? If not, did you have to file in the state in which you did business, they did business, or both? Always good to know for the future!!

 

[aberkowitz]

Perhaps, but to the victors go the spoils. This includes filing fees, service fees and reasonable attorney fees.

All of which you have to lay out upfront- and in this case where the return policy was clearly spelled out (although very shady and a load of BS in my mind- there's no guarantee you're getting that back. Would you lay out $1000 today for the 50/50 opportunity to make $147 6 months down the road when this finally gets settled?

 

[Nimrod]

I've filed a couple of claims (3 that I can Remember)with PayPal.

Always got resolved to my satisfaction

 

[jinjuku]

Were they in the same state as you? If not, did you have to file in the state in which you did business, they did business, or both? Always good to know for the future!!

Technically if you don't have a contract stipulating jurisdiction, courts will find the transaction took place in the sellers state. But I doubt your guy knows that

Just file in your state. With a little luck, the idiot won't show. I would print out the Ebay page as evidence. The seller was making claim as to merchantability as far as I can see. But as always, I ain't a lawyer.

 

[jinjuku]

All of which you have to lay out upfront- and in this case where the return policy was clearly spelled out (although very shady and a load of BS in my mind- there's no guarantee you're getting that back. Would you lay out $1000 today for the 50/50 opportunity to make $147 6 months down the road when this finally gets settled?

You can always argue that the 3 days was a period to verify the claims on the sellers page and to get it into a box. Courts are going to give him some leeway on this.

 

[Johnd]

You can always argue that the 3 days was a period to verify the claims on the sellers page and to get it into a box. Courts are going to give him some leeway on this.

That's not my quote jinjuku.

 

[aberkowitz]

But as always, I ain't a lawyer.

that's a good thing. I hold you in much higher regard .

 

[Johnd]

All of which you have to lay out upfront- and in this case where the return policy was clearly spelled out (although very shady and a load of BS in my mind- there's no guarantee you're getting that back. Would you lay out $1000 today for the 50/50 opportunity to make $147 6 months down the road when this finally gets settled?

The "return policy" may be deemed pure poppycock by the courts. In fact, it may be deemed to violate consumer propection laws. Return restrictions must be reasonable in nature...or none at all.

 

[aberkowitz]

Personally I think the whole situation should be settled bar-fight style.... outback, in the dirt, no holds barred, last man standing wins. And in the case of the OP, he should have a few of his buddies there with chairs and baseball bats to make sure its a "fair" fight

 

[jonnythan]

My reasoning behind saying that was based on the fact that the sender had no feedback and sent from a PO Box... it's quite likely that there's no way to chase the person down. They might not even have a fully verified PayPal account. It's quite possible that PP and Ebay might be able to help the buyer get something back, but I think at this point that he should view any money returned as a surprise not as an expectation.

The buyer paid with Paypal, not a check.

Paypal has the ability to "recover" the money from the seller using the original payment method.

 

[Alex2507]

There is a point of diminishing returns. How much time are you willing to spend for a shot at getting your money back? I would learn from this that you don't buy from a guy with 1 feedback. Some people don't accept bids from a guy with 1 feedback. If you do persue this, keep track of the time you spent so that you can figure out what you're worth per hour to yourself.

Sometimes I need to remind myself to pick my battles. You know it's possible to be right and not be able to win and other times you can be right and be able to win but the victory isn't worth the effort.

I for one am interested in the course you choose and the outcome. My vote goes to spending no more than 3 hours on this and re-gifting the defective unit to your least favorite in-law.

 

[jonnythan]

It takes all of 5 minutes to file a Paypal claim.

 

[ErinH]

Wow, this took off...

As for going to court over this, it's literally not worth my time. I would spend hours researching, filing, etc.

But, it is worth my time to type some angry letters and send them to paypal.

I'm not poor, but I'm not reach by any means. I could almost nevermind the money, but its the point.

And to the person who said something about a barfight... I contacted some guys on another forum I frequent that live in the same city the seller does. They're looking into this guy. (not that I would take it to a physical altercation... but it never hurts to know someone)

 

[Johnd]

... but it never hurts to know someone)

I know some guys who know some guys.