Sellers Who Use Paypal

[pdsavage]

Let him know that if he does not stop this that you will pursue this is small claims court and will put a lien or garnishment on him to reclaim the money owed if not paid after judgment.

Small Claims Court Procedures

http://docs.google.com/viewer?a=v&q...&sig=AHIEtbQ1RrBa4XB7YR1HzFKr6QFASQwuTg&pli=1


How to Represent Yourself in Virginia Small Claims Court Actions

http://www.ehow.com/how_5058374_represent-small-claims-court-actions.html

2010 Virginia Code
Title 8.01 - CIVIL REMEDIES AND PROCEDURE.
Chapter 18 - Executions and Other Means of Recovery (8.01-466 thru 8.01-525)
8.01-512.4 - Notice of exemptions from garnishment and lien.

http://law.justia.com/codes/virginia/2010/title-8-01/chapter-18/8-01-512-4/


Garnishment Laws in VA

http://www.ehow.com/list_6526270_garnishment-laws-va.html

 

[AbedsAviary]

Quote:
Thanks for posting these links. I'm sure i will need them as i dont think he will make it right. I already sent him emails and left voice-mails stating that if he did not get this right with PayPal i was going to take him to court. I am going to send him a registered letter today stating it also.

 

[greyhorsewoman]

Well, EBAY/Paypal was my HERO recently. I purchased a mini-stereo unit ($160 plus $40 shipping). It arrived broken and non-working. The seller put one piece of bubble wrap on the top of the unit (and it didn't fit snug in the box)~!! There was a piece of plastic broken off the back, but the unit didn't work AT ALL... not the tape player or the internal fan for the CD player. Personally, I'm not sure it really worked BEFORE they shipped it. I contacted the seller and they responded ... sold 'as is,' it's insured, contact post office. Well, the post office does not honor damage if the item is not packaged properly and it would be difficult to prove that the 'not working' portion was due to shipping anyway. I was unwilling to tie up weeks of wondering, so I opened an EBAY case. Within a week, they ruled on my side, sent me a prepaid shipping label to return item to seller AND refunded my original $180 as soon as item was scanned as shipped ~!!!! (I'd assumed I'd have to at least ship it back at my cost.) I DID photograph the box and items and submit a claim to USPS, in case they might rule in favor of the seller and reimburse them something.

If you are going to run a business, regardless how small, it is necessary to understand the terms & conditions of the tools you use. Even a 'merchant account' can be challenged. As a dog show vendor, I take plenty of credit cards, 99% of them without incidence. Occasionally, however, someone will challenge a charge (mostly because they don't remember the name of booth or what they'd purchased). The merchant account providers give you TWENTY-FOUR HOURS to respond~! If you don't, too bad, they refund the purchaser his/her money (and they charge you $20-$30 penalty fee). Since I'm sometimes on the road for 3-5 days, I had to make sure my husband recognizes the type of envelope these come in, and then coach him through finding all the documentation to fax in (it's my business, not his). Learned to then CALL to be sure they GET the fax, as well (had that happen once).

As to the OP's situation. It does seem like the buyer is having 'sour grapes' over the failing of your last sale and contesting a legitimate payment. Sounds like a good case for PEOPLE'S COURT?~!!

 

[chickened]

Make sure you have a rock solid access to his assets or money. Even if you win you still have the monumental task of collecting the money. In the end if you use a lawyer you will most likely end up battling over attorney fees and if you don't have an attorney fee clause in your agreement you may not get them awarded.

 

[aprophet]

Quote:
For now i will only be taking payments cash or money order. If people dont like it they dont have to buy anything from me. I am done with PayPal. I may try Google checkout in the future. Sometimes it almost not worth it to sell anything or try to make a dollar for all the hassle and trouble you have to go through.

you would be surprised at all the folks who still do it just this way and oh yea pay pal don't get any of my money LOL priceless

I sold 1000"s of motor bike parts when they revamped their ways of doing things they gave a lot of us the choice to do it their way or the highway I still sell the motorbike parts its just they don,t get any of the profits these days . if they are allowing someone to use their system like this they are helping the guy to commit the fraud they are guilty as well.........

 

[AbedsAviary]

I dont know what assets he has. When he came he was driving a newer car. He came late and it was dark. He dropped his key outside and i found it. I still have it. I was planning on returning it to him when he came back for the next set of birds but after this it looks like he is not going to get it. If i can i may use it in court to prove he was here.


I dont know if this would be the same as a bad check, but i know in VA any bad checks over $200 are a felony. I have had a few people in the past write bad checks and i will get a bad check warrant out for them. The police dont go looking for them but if they stop them for speeding or something they will arrest them. I have had 2 people to call me from jail wanting me to drop the charge and i tell them i wont until i get paid. I have always been paid doing that.


I totally agree that PayPal should be there for their buyers (and they are) but they need to back their sellers better. Without sellers they will be no buyers. They lost a good seller over this. I know it was my fault for not knowing all the rules and believe me it will never happen again. They still need to make it known that they dont back all their sellers transactions. They do advertise that they are a safe-secure way to get paid and pay. Like i said earlier they take their % of every payment i receive even if they dont back that transaction.

 

[AbedsAviary]

Quote:
PayPal is not getting anymore of my money. I agree that if they are allowing a person to use their system like this they are guilty as well.

I just got a phone call from a PayPal supervisor and she said i will not be getting my money back and that if i did not like their decision i would have to take the guy to court. Basically she said the guy that came and got the birds was not the guy that owned the card the money came from. She said either he used someones card or stole someones card. She said it was probably set up and they he used someones card he knew and they knew they could get the money back.

 

[greeneggsandham]

Quote:
PayPal is not getting anymore of my money. I agree that if they are allowing a person to use their system like this they are guilty as well.

I just got a phone call from a PayPal supervisor and she said i will not be getting my money back and that if i did not like their decision i would have to take the guy to court. Basically she said the guy that came and got the birds was not the guy that owned the card the money came from. She said either he used someones card or stole someones card. She said it was probably set up and they he used someones card he knew and they knew they could get the money back.



This is so wrong on all accounts. So your out of money and birds. How is this fair to the seller. I think paypal should be verified checking accounts only no credit or debit cards, just bank accounts.

I would definately contact the police, because now it is theft. He must not live to far if he came to pick the birds up right?

 

[MyKidLuvsGreenEgz]

I used to sell a lot of stuff through e-bay and was thinking about getting back into it. Money is very tight. But I have been hearing a lot of bad things about e-bay AND paypal so now I don't know what to do. I can't hold a garage sale every weekend because (1) we live about 30 minutes from the closest small town and (2) I don't want people at my house. So what do I do? How do I sell my books and toys and other little things to make ends meet, that doesn't involve paypal?

As to the OP: absolutely file a police report, give copies of all of your documentation, etc. Hunt it down and be vigilant for the right outcome.

Be careful with that key: if he has a "break-in", he'll accuse you. I'd give it to someone to hold, with 2 witnesses verifying you turned it over and have no copies in your possession. A guy like that surely runs more than one scam at a time.

Oh, and if this guys knows you're on BYC, he's reading this thread so anything you absolutely plan to do, don't post it here. Surprise is a great "weapon".

Good luck.

 

[rebelcowboysnb]

Keys to a new care can probably be used to crack back to the owner. Take pictures of the keys then turn the keys in as evidence with the report.