Ebay seller never sent refund

[hshambo]

I received a defective laptop from a seller on Ebay. It took several emails (for a month) to get him to agree to let me return it for a refund. He was very clear in his email...he says, "Remove negative feedback and I will give you the full refund just so I don't have to deal with you again." I sent the laptop back with delivery confirmation and insurance. When he received the laptop he even emailed me, I had a paypal claim against him at the time. "I received the laptop and I am trying to refund you, however I can't because there is an open paypal claim. What would you like me to do." Silly me closed the claim and I never heard from him again. Paypal won't let me reopen the claim, so I want to take him to small claims. He has had both the computer and the money for almost a month and a half without returning my emails. My question is, he lives in Il. and I am in NY. Can I take him to small claims in my home county? I have read conflicting answers to the out of state question. I feel I have a pretty good case, emails, delivery confirmation, bank account statements etc, but I don't have the money to travel to take him to court. Also, could I be awarded attorney fees or court costs if I win?

 

[hshambo]

anyone?

Does anyone have any advice on this? I basically just want to know if I can file in New York State (my home) or if I have to go to Illinois (his home). Also, after I posted I thought... should I go to the police station and file a police report?

 

[avarose]

I know if you win in small claims court you can recover your filing cost. In our state we have to file in the state where the item was purchased. Each state might have a different policy.

 

[Innerlaner]

I'm going through a similar situation right now. I was scammed by someone who lives in El Paso, TX. Because every local court is different, you need to check with your local court to see if you can file there. I had jurisdiction to file a small claims suit in my town because the transaction, payment, and box of trash was received in my home. I paid $60 to file, which I can put into my judgment if I win. Since I expect to win by default (scammer won't show up to court), the court said I can transfer judgment to El Paso and try to collect through that court -- the details of that haven't been figured out yet since I'm just beginning this process.

During my research for PA, I think I came across something stating that you could file if the transaction, payment and shipped item were to your location.

Don't forget to file a complaint with all the agencies eBay recommend you do. Nothing will come out of now, but if more people file, it may pressure the top men to take a more serious look at this, rather than brush it off as petty crimes. Scammers take more than your money.

Good luck!