I recently sold a laptop without a battery to a buyer. The buyer received the item and wanted to return it because "it doesn't charge". I declined as this was stated in the listing. The buyer subsequently filed a claim "not as described" and won (?) and my appeal was denied (??). The buyer was automatically refunded and has not returned the item.
I live in Connecticut and the buyer lives in New Jersey. This is close enough that I don't mind going through the motions to sue in in small claims court and would otherwise like to learn more about the process first-hand even if it does not result in getting my money back in the end.
From what I've read, Connecticut has no jurisdiction over the buyer because they are out of state and I must file claim in New Jersey. The buyer's state says that a theft of "more than $200 and up to $500" is considered a fourth-degree felony offense. Sounds pretty clear.
I have reached out to the seller both via eBay messages and by phone. They have expressed no desire to return the item despite receiving a pre-paid return label.
I have the buyer's name, address, phone number, and place of business/work. I am keeping record of conversations and dates.
As a first order of business I believe that I should file a criminal complain with my local PD and to have it forwarded to the buyer's local PD and proceed from there.
Considering that the transaction may also be considered criminal (including misrepresentation and fraud), is small claims the right place to file?
I would appreciate any further advice on how I should proceed.
Thank you.
