My husband ordered something off ebay and we received it but it was damaged. UPS came back the next day and picked it up and sent it back to the seller, but UPS is denying the claim because the seller did not properly package it. The seller is ignoring my phone calls. I paid with shipping charges $414.00. I filed a fraud police report. I am in nashville and he is in CA. Should i take him to small claims court. How can I get my money back?