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      05-11-2011, 12:16 PM   #1
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Advice: Taking Legal Action

I purchased an item through someone last November via a paypal transaction with the expectation that I would receive it within 2-3 months since that was the normal expected wait time. I purchased items from this person before with out issue, but the 2nd time they failed to come through. This wasn't via ebay or online dealing. Just a person through an acquaintance. I've communicated via phone and email numerous time and seller wants to refund my money, however they keep asking for more time more time more time. I'm through waiting.

I'm curious what legal options you may recommend. I have lawyer services through my firm which are usually free of charge, but I would have to double check on the types of services they provide "free". Right now I'm out $516.00. If it were a couple hundred I wouldn't make a big deal, but $500 is a sizable amount.

What I have:
  • I have the recorded paypal transaction where I sent the funds for the item
  • I have multiple emails discussing the transaction and the inability to get the product
  • I have emails saying how he will refund me the money when he has it.

What would you do? I'm located in NJ, he's located in FL. Advice?

Thanks
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      05-11-2011, 12:23 PM   #2
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Reverse pay pal charges. If it doesnt work, reverse CC charges.
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      05-11-2011, 12:26 PM   #3
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Quote:
Originally Posted by JayKay335i View Post
Reverse pay pal charges. If it doesnt work, reverse CC charges.
It's been over 60 days and you cannot refute Paypal charge.

too late for cc also ... this was in Nov 2010

It's been 5 months
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      05-11-2011, 01:10 PM   #4
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Break his knees and kill his pet chicken.



Dude, you should be speaking to your free lawyer, not us.
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      05-11-2011, 01:16 PM   #5
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Quote:
Originally Posted by KGB7 View Post
Break his knees and kill his pet chicken.



Dude, you should be speaking to your free lawyer, not us.
I will... just curious if anyone had any experience as to what to expect.

I have to find out if they cover these types of cases for free. I know marriages, divorces, accidents, traffic is all free.
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      05-11-2011, 01:20 PM   #6
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Small claims court.
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      05-11-2011, 01:20 PM   #7
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Quote:
Originally Posted by PicassoM View Post
I will... just curious if anyone had any experience as to what to expect.

I have to find out if they cover these types of cases for free. I know marriages, divorces, accidents, traffic is all free.

After you break his knees there will be some blood and if you do it right, bones will be sticking out. My dog likes to chew on bones, so you can take her with you.


As far as your lawyer goes, there will be lots of paper work and lot of waiting involved by you. If the kid gets scared from the start then he will pay up, other wise you will be chasing him for a while with your attorney.

Just have your lawyer wright a letter to him and the consequences this kid will have to deal with and mail it to him.
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      05-11-2011, 01:22 PM   #8
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Quote:
Originally Posted by schoy View Post
Small claims court.
+1 threaten him with small claims court. if he doesn't budge, then go small claims court
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      05-11-2011, 01:42 PM   #9
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Quote:
Originally Posted by Kroy View Post
+1 threaten him with small claims court. if he doesn't budge, then go small claims court
That's what I'm doing. He lives 1000 miles away which is the only reason I think he hasn't paid up. My legal plan covers most cases, so i'm waiting to hear back from the lawyer on whether or not this type of claim is covered.
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      05-11-2011, 04:18 PM   #10
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what's your credit card? You're 100% sure there's a time limit? I know discover card doesn't have a time limit
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      05-11-2011, 04:21 PM   #11
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+1 on small claims court.
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      05-11-2011, 04:22 PM   #12
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I posted this in another thread as well. just to set your expectations, even if you do small claims and win. If he's not scared by the 'court' thing, don't expect to see a dollar.

It's next to impossible to enforce small claims judgements. It's why I promote vigilantism and internet vigilantism.

For example, give us all the information you have about him....
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      05-11-2011, 04:25 PM   #13
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+1 on small claims court. It is the best place for this sort of thing. You seem to have good enough proof.
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      05-11-2011, 04:37 PM   #14
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Quote:
Originally Posted by Freakazoid View Post
It's why I promote vigilantism and internet vigilantism.

For example, give us all the information you have about him....
Many people on this forum are from FL, im sure we can gather an A Team to break his legs.
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      05-11-2011, 06:24 PM   #15
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Try contacting the local police department near him because it would probably qualify as grand larceny, over $300, which is a felony.
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      05-11-2011, 07:38 PM   #16
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You can always go post all his info over on 4chan....
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      05-12-2011, 09:19 AM   #17
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Quote:
Originally Posted by BobKingerman View Post
Try contacting the local police department near him because it would probably qualify as grand larceny, over $300, which is a felony.
Not to be a dick...but do you know how the court system works? This isn't a criminal charge and really couldn't be one without some serious leg work. This is a civil case.
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      05-12-2011, 11:20 AM   #18
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Quote:
Originally Posted by Freakazoid View Post
Not to be a dick...but do you know how the court system works? This isn't a criminal charge and really couldn't be one without some serious leg work. This is a civil case.
My brother got in trouble with the local police after screwing people over online. Enough people complained to the local police and they raided his place and confiscated all his stuff.
But I guess since only money has been exchanged and no goods, it would be different.
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      05-12-2011, 12:10 PM   #19
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Quote:
Originally Posted by BobKingerman View Post
My brother got in trouble with the local police after screwing people over online. Enough people complained to the local police and they raided his place and confiscated all his stuff.
But I guess since only money has been exchanged and no goods, it would be different.
yep, it requires lots of people, and no goods have been exchanged. It's the damn law for ya.

vigilantism, I gotta stress it. Give us his email address and contact info
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