Never Got Item Purchased, Possible Recourse?

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eukreign

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Hello,

I'm from New Hampshire and I purchased a small towable excavator from a company in Idaho over ebay. I paid $4,835 via paypal and then also sent a check for $335. The check was deposited and I can see that they used their company name. I have also been in contact with them over the phone although they aren't very forthcoming. I purchased the exacavtor probably 6 months ago and a month ago requested that they just give me my money back because I can no longer wait. They said that they would send me a refund check on Oct. 10th. No check, yet. I have told them over the phone that I am looking to take legal action against them.

My first question would be if this is a state matter or a federal matter (since it's across interstate lines) also the total amount paid is over $5,000 (over the small claims court amount) so does this automatically make it a criminal case?

Any general advice and direction on where I can take this next would be greatly appreciated.

Thanks!
 
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