1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

I do not want to be scammed

Discussion in 'Small Claims & Municipal Court' started by Lacey2566, Jan 29, 2010.

Thread Status:
Not open for further replies.
  1. Lacey2566

    Lacey2566 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I sold a item on ioffer I would only except paypal as a form of payment .I sent the item out along with tracking .When the item arrived a huge louis vuitton noe bag the woman started to write that she would haved preferd to pay $55.00 for the bag not the original $200.00 i told her it was to late to bargain she had the bag already . we told her to send it back she did not respond after 3 months paypal sends me a e-mail stating this woman is doing a charge back.After numerous emails and one letter to her home insiting she send my item back as she is requesting a refund she called her local police department and tries to get a harrasment on me.I recieved a letter in the mail from the troy police department. I immediatley called the police department the thing she left out is that she had my bag and was asking for a refund so, needless to say the police officer is on my side but , he is saying this is a civil matter because he has spoken to her as well and she refuses to send my item back..I faxed all the emails to paypal all my evidence that she will not send it back and I am not sure if i will be out of the money and the bag.I told her i would take her to court for it and her response was
    (Go ahead and press charges. I am well prepared, and have no problem involving this transaction in any legal disputes with you. My attorney has cleared her docket for me. )
    This is word for word from a email from this woman like I am doing something wrong .
    I called my local police department I am in niagara falls, ny and this woman is in michigan .My police department is saying i can press charges as far as her being in possesion of stolen property but , i can only go threw the michigan police.If she recieves a full refund from the charge back can I press charges?What options do I have to either get my item or money back?
     
  2. tpajet

    tpajet New Member

    Messages:
    615
    Likes Received:
    63
    Trophy Points:
    0
    Log in to paypal . com, and scroll to the bottom. At the very bottom of the page, click on contact us. Then in the next page click on call us.

    This is one very big problem with paypal. Someone can go back months later and do a chargeback and sometimes paypal will issue it. You need to let them know when you call that the buyer never returned the merchandise. If she does get a chargeback, then call the Troy PD again, and report it as stolen property. They may or may not still consider it a civil matter since it was already dealt with. The only other recourse is to then sue her. If it does go to that, there is no judge that is going to rule in her favor given the fact that she took her money back and never returned the item. I think though, the police will get involved at that point, as this would escalate it from a civil matter to theft.
     
    Lacey2566 likes this.
  3. Lacey2566

    Lacey2566 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I did contact paypal but, I have been told that this is up to the credit card company that she used.I have sent (faxed )emails to paypal supporting my dispute They have told me (pay pal)that they are forwarding everything to the credit card company.As far as the Troy Pd they are telling me that there is not much they can do that this is a civil matter.Buy,I will ask them to please press charges or what ever thay can do if the card company decides in her favor.I just really do not want to go to Troy for small claims court.
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    11,032
    Likes Received:
    1,826
    Trophy Points:
    113

    As long as she has the bag she is unlikely to get a refund. If she had sent it back then she would have a legitimate claim.
    The card company is likely to decide in your favor. You should hear from them at some point before a decision is made.
     
    Lacey2566 likes this.
  5. Lacey2566

    Lacey2566 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Well, she has my item and ended up getting a refund.I spoke with the Troy police and they are unwilling to help or press any kind of charges I was told in New York she would be in possession of stolen property by my police department but, the Troy police are saying there is not much they can do how is this possible?
     
  6. army judge

    army judge Super Moderator

    Messages:
    32,013
    Likes Received:
    4,766
    Trophy Points:
    113

    Louis Vuitton bags do not retail for $200.

    The ladies in my family love the damn things, and I've rarely seen them priced at under $800!!!

    Unfortunately, I've had to purchase several as gifts.

    I've never found one for $200.

    Louis Vuitton only sells through it's store locations and limited retail outlets.

    How did you come into possession of the bag?

    Are they cheap Asian knockoffs?

    Is that why your customer, to use your words, "scammed" you???


    Sent from my iPhone using Tapatalk
     
  7. mightymoose

    mightymoose Moderator

    Messages:
    11,032
    Likes Received:
    1,826
    Trophy Points:
    113

    It isn't stolen property. At this point you have a civil dispute over the sold property. Your remaining option is to file small claims. Even though she got the refund, if she never returned the property then she stiil OWES YOU.
     
  8. Lacey2566

    Lacey2566 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I have to go to troy michigan to file a civil suit that is what I am being told I am in New York
     
  9. Lacey2566

    Lacey2566 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I bought this bag at a estate sale in Williamsville, Ny were lawyers and doctors live for $300.00 2 years ago This bag was not brand new it is vintage from the 70's or 80's I sold the bag for $200.00 because I needed the money my husband had been laid off from work.
     
    Last edited: Mar 2, 2010
  10. army judge

    army judge Super Moderator

    Messages:
    32,013
    Likes Received:
    4,766
    Trophy Points:
    113

    You need money, not lawsuits. Do you think this thief will just pay you, if you prevail in a lawsuit. You know this creature won't cough up a dime. Collecting the $200 will be costly. After filing costs, I suspect that even if this con artist pays the judgment, you'll realize less than $100 after all is said and done. This is one of those lessons we learn in life. Stay off of those auction sites. Quell your anger and move on, in other words this is going to cost you more than it'll ever be worth. You need money, not lawsuits.


    Sent from my iPhone using Tapatalk
     
    Lacey2566 likes this.

Share This Page

Thread Status:
Not open for further replies.