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.

[corjesucloset]

Eh....how about when you accept a return and it is returned in non-resaleable damage. Ebay is also still going to side with the buyer. What a farce. EBAY should be sued in a class action from sellers.

[femmefan1946]

Judge Judy is a TV show.

She's not a judge -- she only plays one on TV. (She was a Family Court judge many years ago.)

None of the TV judges have any legal authority to enforce their "judgements".

[femmefan1946]

FWIW- Since I am in Canada, and our laws and procedures may be slightly different.

DD was recently sued in BC Small Claims court over a fenceline tree, which had been in place for some 50 years before either she or her neighbour bought their properties.

The neighbour, who brought the case, had to pay a fee for filing it. About $100 as I recall.

The entire case was handled online.

Each respondent made their case in emails, the mediator/judge made her judgement.

It took several months, partly because her neighbour's arguement seemed to be "I don't like the tree. Cut it down! And you pay for the removal!!" Rinse and repeat.

DD not only won, but the neighbour was required to pay for DD's lawyer. (You don't need a lawyer in Small Claims Court, but you are allowed to hire one.)

This was pre-COVID, so the online thing has been in place here for some years.

TL/DR-- There is a fee for Small Claims Court.

You might lose.

If you lose you may have to pay the winner's expenses.

[myangelandmyprincess]

Yeah the online thing really only picked up her since covid.  It's being used criminal cases so it can be done from the jail now too without having to remove the prisoners.   We had an online meeting about the new procedures a while back.  I asked if they thought these new procedures would remain in place once the pandemic was over.  They felt it would as it's more convenient for all and since all the equipment has already been purchased its now cheaper.  

[lonebuck-books]

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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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Did you state that is was missing a battery or that it wouldn't charge.  That could be the difference.  If the buyer got a battery and the laptop's charging circuit wouldn't allow it to charge the battery, eBay could side with the buyer IF you only stated that the battery was missing.

I am however of the opinion that regardless of how it was listed (as stated above) the buyer should return it if they were refunded.  This idea that if a venue decides the buyer is right and the seller is wrong allows a buyer to keep an item AND the money is legalized theft.  If you bought a car that turned out to be a lemon and had to take the seller/manufacturer to court to get your money back, the judge would never allow you to keep the car too.  These judge, jury and executioner venue policies should be illegal.

[sales_sales_sales_sales]

But in a court if Ebay is Not a party to the case is ebay rules applicable? For example I rent an apt from a landlord. Lease says any damage to apt is to be paid by me. I have a decorator fix my apt. Decorator damages apt. I most certainly can sue the decorator for the damages ( Which I would owe the landlord). The decorator cant say " Your lease with the landlord says YOU have to pay for damage". Since the landlord is not a party in the case the landlord's rules do not come into play. 

[sales_sales_sales_sales]

Most of what you said is correct. I only question the enforceability if Judge Judy is Binding Arbitration.  If its BA that there would be legal ways to enforce it.

Though I think most of those TV Court shows pay the litigants so if you win the money comes from the other sides appearance fee.

[48hrs-clothing]

Seller must not have responded to SNAD case and after expiry of time and as per eBay's policy case was closed with a refund to buyer as seller failed to accept the return or provide a pre paid return label.

Seller must have sent the label after case was closed and buyer is ignored this and has not returned the laptop.

[iart]

You have to file in the same county, I think. Not just the same state. Also, it won't be a 'criminal' case in small claims.

Most likely, the buyer won't show up and you win by default. It would probably take 2 or 3 more court filings and appearances to get the court to act on the non-payment.

It will be cash expensive and time consuming. Is it worth it?

[fab_finds4u]

Don't  believe that.

Judge Judy's decisions are binding as the plaintiff and defendant sign a contract beforehand that prevents them from renegotiating the ruling afterward.

[fab_finds4u]

For remorse returns Top Rated Sellers are allowed to deduct up to 50% of the refund if it comes back devalued. 

[fab_finds4u]

I think you should forget about small claims court and chalk it up to it was a tuition payment in the school of hard knocks.

You agreed to the Money Back Guarantee  when you joined. 

It specifically says sometimes a refund is made and the item isn't returned and gives examples of when that can occur.

When eBay refunded them they were told they did not have to return the item.

I'm thinking  all the buyer has to do is show that to the judge and your case would be dismissed.

If I were you I'd change my policy to accept returns and then you get your stuff returned before you have to refund.

[sodelight]

If you didn't sell something that doesn't work in the first place, you wouldn't have to worry about what your going through happening. You sold an item that is worthless! A laptop that doesn't charge is junk and unusable. We all know buyers often don't read descriptions or ebay edits them in the mobile app and vital information is missing, unless a buyer clicks on full description (which isn't easily found). 

Granted the buyer should have returned your broken laptop. But I will never understand why someone will sell something they know doesn't work and think they won't have a problem once the buyer receives it.

[myangelandmyprincess]

I was just adding it's even being used in criminal cases as well.  I know over several civil lawsuits that have been done completely online now.   Had one where one person was in florida their attorney was in texas and the person they were suing was in georgia...no clue on attorney. Now I'm not sure how that worked with jurisdiction rules and state laws varying as I was part of the case itself but it was somehow done.  

[monde8906]

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@fab_finds4u wrote:

Don't  believe that.

Judge Judy's decisions are binding as the plaintiff and defendant sign a contract beforehand that prevents them from renegotiating the ruling afterward.

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The shows producers actually pay that