HELP! Can I file a small claims suit in NY

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

against a purchaser in Ohio?

Some of you may remember a post I made in late-April or Early May regarding some Paypal Issues I was having.

I sold my show saddle set to a woman in Ohio using Tack Trader.com as the advertising space. She paid me by Paypal ( including percentage to cover fees ) on Thursday and I shipped Fedex Ground Friday.

I e-mailed her the Fedex tracking information but inadvertently left off a number.

She e-mailed me using a different e-mail address which went to my bulk mail which I do not check regularly. Next thing I know, Tuesday morning, there is a claim in Paypal for the amount she paid.

I e-mailed her immediately. She got the item Wednesday and reversed the chargeback on Paypal. UNFORTUNATELY she had also filed an "Unauthorized Use" claim with her American Express Card that she paid with.

We had several nice e-mails back and forth and I know she went through the procedure to clear the Paypal but American Express has charged back my account. I have e-mailed her since but I have had no other response from her. This morning one of her three (3) e-mails came back as invalid.

Paypal still is working on the chargeback but it is in AMEX's court now and they have 75 days from May 12th to respond/complete the claim process.

I have no show saddle, no money and no access to my Paypal account; as it is now in a negative balance and I'm not giving them nearly $1300 to bring it back to a positive balance.

I have the Fedex confirmation and all her e-mails that she got everything and is pleased with it.

Is it possible to file a claim here in NY State against the buyer in Ohio?

[bigfrank Administrator Find all posts View Profile Close bigfrank]

I have the Fedex confirmation and all her e-mails that she got everything and is pleased with it.

Is it possible to file a claim here in NY State against the buyer in Ohio?

As long as you have the fed ex receipt and the emails your set with Amex. You will get your money back. Not sure why you would think you need to take legal actions. Amex is fair and as long as you have your proff you are OK. It might take a few months to resolve.

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

As long as you have the fed ex receipt and the emails your set with Amex. You will get your money back. Not sure why you would think you need to take legal actions. Amex is fair and as long as you have your proff you are OK. It might take a few months to resolve.

Thanks Frank I feel a little better. Just pi$$ed off that she has had this stuff since April 26 and I have NOTHING!

Do your fellas want to take a roadtrip with me?

[Guest Close Quarterbore]

Lawren,

Watch paypal closely... they may take the money from your bank account without letting you know and you could have checks bounce because of it... The never did that to me BUT I know they have done it to others as they don't like people with some of my hobbies.

Paypal has done some lousy things in the past and I think there is a website like Paypalsucks.com that might help

You have an address right? I would send a certified letter.

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

Lawren,

Watch paypal closely... they may take the money from your bank account without letting you know and you could have checks bounce because of it... The never did that to me BUT I know they have done it to others as they don't like people with some of my hobbies.

Paypal has done some lousy things in the past and I think there is a website like Paypalsucks.com that might help

You have an address right? I would send a certified letter.

Ken,

They can try but the "primary" has been closed.

I thought they were bad from a buyer's perspective. I never dreamed how biased they were against sellers!

The kicker was "Unauthorized Use" with AMEX. Basically saying someone stole her credit card and used it without her knowledge. Then the main e-mail addie cam back invalid today......making me very leery that I am the one getting scammed here.

What should I say in the letter to her? That I'm coming to Ohio to take it all back??? or that Frank is sending Vinny and da boys.

I just looked up her phone number. Wonder if I should call.

[Oracle Senior Member Find all posts View Profile Close Oracle]

Ken,

They can try but the "primary" has been closed.

I thought they were bad from a buyer's perspective. I never dreamed how biased they were against sellers!

The kicker was "Unauthorized Use" with AMEX. Basically saying someone stole her credit card and used it without her knowledge. Then the main e-mail addie cam back invalid today......making me very leery that I am the one getting scammed here.

What should I say in the letter to her? That I'm coming to Ohio to take it all back??? or that Frank is sending Vinny and da boys.

I just looked up her phone number. Wonder if I should call.

I would not go the civil route. $1,300 is felony fraud in most states. I would give the person a date to resolve the matter (without informing them of calling the police if they don't fix the matter, don't tip your hand) sent by certified mail with return receipt. If it doesn't get done, call the local police and file a complaint.

Having a police officer knocking on their door would be a perfect way to start a bad day for someone.

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

I smell a rat

and it just may be American Express!

Here is the e-mail I sent:

Dear M,

I have tried to contact you regarding the charge dispute over the Big Horn Show Saddle Package that you purchased from me.

I have had no response to repeated e-mail for assistance with American Express claim which you filed as "Unauthorized Use".

I have no saddle, no payment and no use of my Paypal account as it is currently in negative balance due to the chargeback claim. I do posess every e-mail I have received from you or sent to you and the FEDEX delivery confirmation.

I truly believed you had acted in good faith but have become more and more concerned. A month has gone by since your last e-mail response on May 5, 2006. Perhaps, after all this, I am the one that has been scammed.

Please contact me regarding this matter as soon as possible or I will have no recourse other than to persue this in small claims court.

Sincerely,
Lawren

and I just got these e-mails back:

I don't understand.

I have contacted American Express.I have contacted paypal, filled out all the necessary paperwork, faxed the copiesto paypal,papaers were snailed mailed to them.

The transaction of $1255.37 has been charged to my card on 4/21 through paypal. This is has gone on way to long and yes you need to demand your money. I have physically done everything at this end.(will again followup with paypal now)


With Regards,

M

and

After reviewing the case # online, the status states "case closed".

What the heck is going on?

M

PayPal Case ID:
PP-xxx-xxx-011
Reason for Dispute:
Unauthorized
Chargeback Amount:
$1,255.37 USD
Chargeback Date:
Apr. 27, 2006

Status:
Case Closed

Status Details:
We are reviewing this chargeback and will contact you if we require additional information. No further action is required by you at this time. If you have reconsidered and would like to cancel this chargeback, please click the Cancel Chargeback button below to begin the process of canceling this chargeback.

Seller Comments:


Dispute History Log - Most Recent 5
The Dispute History Log displays all actions related to your claim.
Date Actor Action Details
May 8, 2006 PayPal Fax Received from Buyer
May 4, 2006 PayPal Fax Received from Buyer
Apr. 27, 2006 PayPal Email sent to Seller
Apr. 27, 2006 PayPal Email sent to Buyer
Apr. 27, 2006 Buyer Chargeback initiated


and my response:


Hi and thanks for getting back to me.

I was just getting so nervous having not heard back from you the last 3 times I e-mailed you.

It is American Express not Paypal that is the problem. AMEX took the money from my account via Paypal on May 12 and has 75 days to determine the outcome. I was also charged a $10 penalty.

All Activity - Advanced View from May 9, 2006 to Jun. 8, 2006

Date Type To/From Name/Email/Phone Status Details Action Gross Fee Net Amount Balance
May 12, 2006 Transfer To Chargeback Settlement Completed Details -$1,255.37 USD -$10.00 USD -$1,265.37 USD




So American Express is collecting from her and collecting from me for 2 to 3 months?

Hopefully we can and will get this worked out.

[Guest Close Quarterbore]

PayPal canceled at least two seperate issues I put in including the one for the laptop that I had taken back... I would call PayPal and talk with a person as that way they will keep it open. If the problem goes too long PayPal will claim that you took too long according to their terms and then they won't do anything...

It would be nice if you could call American Express but I am not sure they would talk with you...

I hope this works out for you but I sure would keep pushing...

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

PayPal canceled at least two seperate issues I put in including the one for the laptop that I had taken back... I would call PayPal and talk with a person as that way they will keep it open. If the problem goes too long PayPal will claim that you took too long according to their terms and then they won't do anything...

It would be nice if you could call American Express but I am not sure they would talk with you...

I hope this works out for you but I sure would keep pushing...

Ken for just under $1300 I will certainly keep this on the front burner.

I did call Paypal and speak with someone this morning. They claim it is in AMEX's court and can do nothing for the 75 day period. and no AMEX will not speak with me.

She is really a very nice person. I just about freaked when the main e-mail addie came back as invalid though.

Could be she was ignoring me because she had done what she needed to do but the court claim shook her a bit.

Thank goodness I've been busy doing a lot of cash things and not relying on getting that money right away.

[bigfrank Administrator Find all posts View Profile Close bigfrank]

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and

After reviewing the case # online, the status states "case closed".

What the heck is going on?

M

PayPal Case ID:
PP-xxx-xxx-011
Reason for Dispute:
Unauthorized
Chargeback Amount:
$1,255.37 USD
Chargeback Date:
Apr. 27, 2006

Status:
Case Closed

Status Details:
We are reviewing this chargeback and will contact you if we require additional information. No further action is required by you at this time. If you have reconsidered and would like to cancel this chargeback, please click the Cancel Chargeback button below to begin the process of canceling this chargeback.

Seller Comments:


Dispute History Log - Most Recent 5
The Dispute History Log displays all actions related to your claim.
Date Actor Action Details
May 8, 2006 PayPal Fax Received from Buyer
May 4, 2006 PayPal Fax Received from Buyer
Apr. 27, 2006 PayPal Email sent to Seller
Apr. 27, 2006 PayPal Email sent to Buyer
Apr. 27, 2006 Buyer Chargeback initiated


and my response:


Hi and thanks for getting back to me.

I was just getting so nervous having not heard back from you the last 3 times I e-mailed you.

It is American Express not Paypal that is the problem. AMEX took the money from my account via Paypal on May 12 and has 75 days to determine the outcome. I was also charged a $10 penalty.

All Activity - Advanced View from May 9, 2006 to Jun. 8, 2006

Date Type To/From Name/Email/Phone Status Details Action Gross Fee Net Amount Balance
May 12, 2006 Transfer To Chargeback Settlement Completed Details -$1,255.37 USD -$10.00 USD -$1,265.37 USD




So American Express is collecting from her and collecting from me for 2 to 3 months?

Hopefully we can and will get this worked out.

The case is closed on Paypals end but it is not closed yet with Amex. There are as you can see 2 ways to dispute. 1 with paypal which stinks and 1 with Amex. Amex normally gets it right. Call up Amex and ask for a supervisor.

[ArtsieAng Super Moderator Find all posts View Profile Close ArtsieAng]

OMG....what a nightmare!!!!

I hope this all gets worked out very quickly for you...that's a lot of money to be tied up.......