Last week I was bidding on a plasma TV and didn't plan on winning, but I ended up being the high bidder. I contacted the seller, and of course he had excellent communication at first. I was skeptical so I asked him some questions about the product and eventually I gave in and sent him $1900 for the TV through postal cashier's check. When he received the money, he said he'd send out the TV, but of course he never did. He doesn't respond to emails anymore and he doesn't answer his cell phone. Now my question is this: what are the best options I have of recovering my money?
I have what I believe to be a correct name and address, since he was able to get payment. He's in Wisconsin and I'm in California. I'd like to take him to small claims court, but what would I need? I have all the emails and the item page is still up. Would I file here where I live or do I have to go to Wisconsin to do it? Do I have to get a subpoena to make sure he responds to my court request? I hope someone out there can help.
See below. I'm very sorry about what happened.
To begin, you'd have to file in the WI small claims court since CA will not have jurisdiction over the defendant. Second, even if you get a judgment and for damages, it doesn't mean you'll easily be able to collect. You'll have to do an asset location search, etc. This is one of the reasons TheLaw.com was created -- to help people use the system to make it work for them. We hope to have more tools online very shortly that will assist in this process. Regardless, enforcement is never a snap of the fingers.
What address do you have? If it's a PO Box at some store, good luck. Sometimes people will use addresses of vacant homes and then come there to pick up the mail. Perhaps you might get luck and right now the best you can hope for is that the criminal gets punished for taking you on a scam. I'm not as hopeful about seeing the money. In the future, never, ever, ever send a postal money order. On E-Bay and other bidding sites a request for a postal money order or wired funds such as Western Union is like screaming out a fraud warning.
Duranie said:
It's more than online fraud when the guy was sent a check for merchandise for this amount and refuses to send it out. That should be considered theft. If you have the guys name and adress, they should take a report from you and at least go out and talk to the guy.
You can even call the WI attorney general's office to see if they can do anything for you.
If the guy is totally non responsive to your effors, a crime has essentially been commited.
This is also federal crime. The wire fraud statute might apply too. Unfortunately none of this means you will ever see your money again. This is one reason why I never use e-bay to conduct business for more than $100 worth of goods and usually only for items that are usually commodities sold by popular vendors. E-Bay is the current Internet Greed Machine -- in the late 90s people wanted to believe the Internet companies were as good as promised despite clear warnings that they were just overinflated balloons. Now people like to believe that they can get a $5,000 item for only $2,000 because of a "special circumstance." I'm not saying your expectations weren't reasonable and that many vendors there aren't honest but I would never, ever send cash. It's credit card or no deal.
TITLE 18 PART I CHAPTER 63
§ 1343. Fraud by wire, radio, or television
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
§ 1341. Frauds and swindles
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
§ 371. Conspiracy to commit offense or to defraud United States
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.
Plus it will also help you send a summons and execute upon your judgment if he doesn't show up in court (which he won't.) Additionally, if you find assets it will be a trail to the person since that person is interested in his assets, no? 