Hello,
This is going to be long so please bear with me. I put up an online auction through a site called Stormpay.com. The auction was for a digital camcorder. The person bought the auction from me using an echeck through Stormpay.com. I received the funds and withdrew it. Before actually cashing the check I made sure with stormpay that the funds had cleared and were good. Stormpay said yes, so I went and cashed the check. I then ordered the camcorder for the woman, only to find out that it was out of stock. I then emailed her back stating the situation and asked to refund the money or she could choose a different camcorder. She chose a new one. I went ahead and ordered and sent her the the shipping confirmation and tracking number. It was shipped Dec. 16th and was supposed to be delivered on Dec. 22nd. Up to this point the person was very nice and cooperative. On Dec. 21st I get an email stating a chargeback was made. I got confirmation that the transaction was reversed by her claiming she didn't authorize it. I received no emails from her prior to this event. Meanwhile the package had already been delivered.
I then emailed her stating to return the package and then I get a response from the same email account that she forgot to email stating she went to the library and left her account logged on and some fraudulent charges were made. Then stating she knows nothing about a package being delivered and would pay me back with a money order or cashiers check only once she received it.. So what she is stating is that someone got into her stormpay account and then used her email account to talk back and forth all this time without her knowing anything and paid money with her bank account and sent it to her house. She told me that contact info that given to me after the transaction was made was not her and the address was an abandoned house. I had a claim put on that package and Fedex attempted a pickup and the person refused. This proved to me that someone lives at that address. I emailed her back stating what happened and she still claimed that she knows nothing and she is not going to refund me because she doesn't have the package.
I emailed stormpay asking if the exact info that was given to me was on her bank account, they replied saying it matched one of the accounts listed. Meanwhile many emails were exchanged which got nowhere. I explained over and over that her story doesn't add up and that someone lives there. Then I did a smart thing, I did a reverse phone lookup. The phone number came up that address with a different last name. That doesn't mean that she doesn't live there, the name could be a friend, mother, sister, for all I know the last name could be her maiden name. I then I finally saw something similar, the last name was in the email address that was used this whole time. See she never gave me an answer about the email address theory. After I told her I linked the name to that phone number she said "by the way that person is a neighbor to that apartment and yes she does live at that address". So that made no sense. I threatened to sue her and she just responded that she is not afraid and good luck on suing someone that doesn't exist. So that is pretty much where I stand right now, great story isn't it.
Now on to the legal matter. I live in Saratoga County, NY and the other person lives in Rocky Mount, North Carolina. Since she came to my auction page and made the transaction to me would I be able to sue her here in NY. I read about small claims in my area but it didn't explain about out of state policies. I already experienced someone her sued me wrongfully from Michigan. The person filed in their state and a judgement was made. So if I sued her in NY and won, then would I have to go to NC to attempt collection. I know all I have to do is send a court order to stormpay to get her bank info, so that once I won I would be able to garnish funds from that account. Also in order to file would I have to know her true legal name or could I use the name that was given. I am pretty sure the name that was given is right or else she faked the name and she is really the name found on the reverse phone search. If I find out that both names are right and living at that address would I be able to sue them both for not returning the package? I think that is all I have to ask. I know this entry is long and would appreciate any info from someone who really knows small claims procedures. Thanks a lot and will be waiting for a response.
This is going to be long so please bear with me. I put up an online auction through a site called Stormpay.com. The auction was for a digital camcorder. The person bought the auction from me using an echeck through Stormpay.com. I received the funds and withdrew it. Before actually cashing the check I made sure with stormpay that the funds had cleared and were good. Stormpay said yes, so I went and cashed the check. I then ordered the camcorder for the woman, only to find out that it was out of stock. I then emailed her back stating the situation and asked to refund the money or she could choose a different camcorder. She chose a new one. I went ahead and ordered and sent her the the shipping confirmation and tracking number. It was shipped Dec. 16th and was supposed to be delivered on Dec. 22nd. Up to this point the person was very nice and cooperative. On Dec. 21st I get an email stating a chargeback was made. I got confirmation that the transaction was reversed by her claiming she didn't authorize it. I received no emails from her prior to this event. Meanwhile the package had already been delivered.
I then emailed her stating to return the package and then I get a response from the same email account that she forgot to email stating she went to the library and left her account logged on and some fraudulent charges were made. Then stating she knows nothing about a package being delivered and would pay me back with a money order or cashiers check only once she received it.. So what she is stating is that someone got into her stormpay account and then used her email account to talk back and forth all this time without her knowing anything and paid money with her bank account and sent it to her house. She told me that contact info that given to me after the transaction was made was not her and the address was an abandoned house. I had a claim put on that package and Fedex attempted a pickup and the person refused. This proved to me that someone lives at that address. I emailed her back stating what happened and she still claimed that she knows nothing and she is not going to refund me because she doesn't have the package.
I emailed stormpay asking if the exact info that was given to me was on her bank account, they replied saying it matched one of the accounts listed. Meanwhile many emails were exchanged which got nowhere. I explained over and over that her story doesn't add up and that someone lives there. Then I did a smart thing, I did a reverse phone lookup. The phone number came up that address with a different last name. That doesn't mean that she doesn't live there, the name could be a friend, mother, sister, for all I know the last name could be her maiden name. I then I finally saw something similar, the last name was in the email address that was used this whole time. See she never gave me an answer about the email address theory. After I told her I linked the name to that phone number she said "by the way that person is a neighbor to that apartment and yes she does live at that address". So that made no sense. I threatened to sue her and she just responded that she is not afraid and good luck on suing someone that doesn't exist. So that is pretty much where I stand right now, great story isn't it.
Now on to the legal matter. I live in Saratoga County, NY and the other person lives in Rocky Mount, North Carolina. Since she came to my auction page and made the transaction to me would I be able to sue her here in NY. I read about small claims in my area but it didn't explain about out of state policies. I already experienced someone her sued me wrongfully from Michigan. The person filed in their state and a judgement was made. So if I sued her in NY and won, then would I have to go to NC to attempt collection. I know all I have to do is send a court order to stormpay to get her bank info, so that once I won I would be able to garnish funds from that account. Also in order to file would I have to know her true legal name or could I use the name that was given. I am pretty sure the name that was given is right or else she faked the name and she is really the name found on the reverse phone search. If I find out that both names are right and living at that address would I be able to sue them both for not returning the package? I think that is all I have to ask. I know this entry is long and would appreciate any info from someone who really knows small claims procedures. Thanks a lot and will be waiting for a response.
