Advice on suing buyer in small claims court for being refunded and not returning the item

[magesystems]

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.

[gwzcomps]

I would say go for it, but read eBay's policies first.  Not sure it would be considered theft because of the outcome of the case.  Either way nothing stopping you from taking the buyer to court. 

[needitlikea0inthehead]

Do it and then apply to go on Judge Judy.  I have seen several cases on TV where the rip off was done online.  File the court case and have him served at work and you just may get your laptop back before going to court.   Good Luck to you--I am rooting for you.

[bargainsandbaubles]

There is something missing from your story.

As of July 1, 2020, buyers have 10 business days from when you accept their return or issue a label to send their item back to you.

Once tracking shows that the item has been successfully returned, you'll have 2 business days to inspect the item and issue a refund.

A buyer can't say "I don't wanna give it back" and get to keep the item. Can you imagine how much fraud would occur if that was the case?

Once a return label is issued, a buyer has 10 business days to have it in the mail stream.

It would not be possible for a buyer to win a case for NAD unless they sent it back, AND it shows delivered to your return address.

Wait 10 days, call eBay "buyer refuses to return, admitted in messages" and you should be easily refunded.

You are blowing this way out of proportion....

[coolections]

Looks like it was a big price to pay not knowing you should never send someone money without getting you item first. Good luck in court, please return when all said and done and let us know how it worked out.

[bargainsandbaubles]

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@coolections wrote:

Looks like it was a big price to pay not knowing you should never send someone money without getting you item first. Good luck in court, please return when all said and done and let us know how it worked out.

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Go back and read, they didn't blindly refund the buyer, they (the buyer) opened a case and somehow won.

The seller is leaving out some pertinent information. When a NAD (not as described case) is opened, the funds in your account are put on hold until the item is shown as delivered, then you have 2 business days to refund.

A buyer can't auto-win a case UNLESS the item was returned back to the seller. eBay is NOT going to hand the buyer the money and let them keep the item too.

The buyer has a return label. Once 10 business days pass and there is no movement, the seller should be able to win. 10 days IS a long time, but better than taking the nuclear option the seller wants to take.

[northernlightsofoz]

As the OP stated "The buyer received the item and wanted to return it because "it doesn't charge". I declined as this was stated in the listing." 

You can "decline" a return but not a refund.

[mam98031]

Since this wouldn't be a hardship for you, I say try it.  And it would be my hope you would keep us informed on what happens and how things go for you.

How much was this item sold for?

Did you ship it via USPS?  If so, you can also file a case with the Postmaster as it is a Federal Crime to use USPS as part of a way to defraud someone.

Yes, file your police reports.  Make sure you get copies of everything so you have them when you go to court.

Once you file that police report, you might try that appeal with Ebay again.  Sometimes a police report number will help you in getting your money back from Ebay.  They won't recover it from the buyer but they may refund you.

[coolections]

@bargainsandbaubles 

Ok, that is the problem. When a buyer makes a not as described claim they are allowed to return the item and get their money back regardless of what the seller thinks. When a seller declines to allow the buyer to get a refund Ebay automatically issues the refund because in Ebay's thought process the seller does not want the item back. Once again, it is a hard lesson to learn and Ebay should warn the seller of the process. We see the same complaint here often.

[inhawaii]

My opinion.

Take your loss.  Learn from this.  Go on with life. 

Good luck and stay safe!

[outdatedrecreated]

You don't stand a chance in small claims due to recent changes in eBay's terms which you agreed to (but likely didn't bother reading). I've had success in recouping losses plus attorneys fees for return fraud and theft on certain items but only because the individuals never showed up to dispute it which resulted in paycheck garnishments. It takes alot of money upfront to lawyers and debt collections firms to pursue it, but I do it based on principle. Your mistake is refusing the return and then thinking you would win with eBay. YOU WILL NEVER WIN A "NOT AS DESCRIBED" CASE WITH EBAY AS A SELLER, PERIOD. If you do by some chance win with eBay, the buyer will then open a dispute through PayPal or the credit card company, which you will also lose.  

[1tuna]

...........general reply.............

I do not see theft at all,just a seller that does not want to go with the flow,the seller did not want to refund and they were forced to refund.If it were me I would have accepted the return and been done  with it.Fighting a return is not smart,you are going to loose like you did,I think you had the chance to take it back and you wanted to gamble,well you lost,next time hit the accept button

[luckythewinner]

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@magesystems wrote:

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. 

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When the buyer filed a "not as described", did you agree to a "returrn for refund"  or did you let eBay decide the case? 

If it was the latter and eBay decided in the buyer's favor, you are probably wasting your time. In the eBay user agreement you agreed to let eBay decide the outcome of the case and abide by their decision. And their policy says that when they are asked to step in, they may require the buyer to return the item in certain cases.

Repeated and rephrased for emphasis:  sometimes they might ask the buyer to return the item. That is a lot of wiggle room. 

And even if you somehow managed to get them into small claims court (which would likely mean traveling to their local jurisdiction, by the way) the laptop will no doubt have a bent pin or other minor defect that prevents it from charging and proves their reason for returning to be "valid". 

[maxine*j]

You said:  "The buyer received the item and wanted to return it because "it doesn't charge".   I declined as this was stated in the listing." 

I checked your current listings and they all say "Seller does not accept returns."  It's your privilege to do business that way, but I hope you haven't confused "return" with "refund."  

Whether or not you have an item  returned  to you, the buyer will be  refunded  for it if there's a problem with it.   You have chosen to lose both the item and the money.  You may wish to rethink that policy for higher-priced items.

As to your specific request for advice, I know enough about the law to suggest that it is seldom a good idea to seek, or accept, legal advice from people outside the profession, especially in the States where jurisdictional differences abound.

[southern*sweet*tea]

::general reply::

This is where ALL Ebay sellers need to UNDERSTAND the money back guarantee.

No Returns applies ONLY in buyer's remorse cases - it doesn't fit, I don't like it, I found a lower price, etc. No return sellers can deny an Ebay return in those cases. When that happens, the buyer just goes to Paypal or their credit card to get their money back, and in the case of a credit/debit card, they stick the seller with a $20 chargeback fee.

Buyers get two or three bites of the apple, depending in their payment method. The first bite is with Ebay or whatever venue they purchased from if that venue has buyer protection. The second bite is with Paypal or their credit/debit card. The third bite is through their  card IF they funded a Paypal payment with a card.

A buyer who is determined to get their money back WILL get it back. If sellers want their items back, they need to ACCEPT RETURNS.