Can I get this person in trouble?

[legalbattles]

What is the name of your state? NJ

I bought an item from Ebay, which turned out to be fake (suprise!) and PP refuses to help me saying that it doesn't fall under the right category (I said the item wasn't as described in my complaint).

Is anyone aware of what other legal right I have? Can I sue the seller in Small Claims or something? I've lost $700. Is it worth it to go to SC? And what are my chances of winning? Will I be refunded transportation costs (I'm in a different state)? Can I actually get this person in trouble in a way that it will effect their life or is that not even possible?

 

[HomeGuru]

What is the name of your state? NJ

I bought an item from Ebay, which turned out to be fake (suprise!) and PP refuses to help me saying that it doesn't fall under the right category (I said the item wasn't as described in my complaint).

Is anyone aware of what other legal right I have? Can I sue the seller in Small Claims or something? I've lost $700. Is it worth it to go to SC? And what are my chances of winning? Will I be refunded transportation costs (I'm in a different state)? Can I actually get this person in trouble in a way that it will effect their life or is that not even possible?

**A: what is the item? It's not boobs right?

 

[legalbattles]

NJ

LOL, I like your humor. No, it wasn't boobs. It was a Burberry coat.

 

[legalbattles]

NJ

Anyone?

 

[HomeGuru]

NJ

Anyone?

**A: I decided that it's breast that I not respond.

 

[divgradcurl]

s anyone aware of what other legal right I have? Can I sue the seller in Small Claims or something?

Yes.

I've lost $700. Is it worth it to go to SC?

That's up to you to decide.

And what are my chances of winning?

Hard to say -- we don't know what the other party is going to say, or what the judge is going to think. If the coat is fake, and was advertised as authentic, and you can prive both, sounds like you have a descent case.

Will I be refunded transportation costs (I'm in a different state)?

No.

Can I actually get this person in trouble in a way that it will effect their life or is that not even possible?

If this is just one jacket, the authorities are unlikely to waste their time. If he is a big-time pirate, the cops might be interested -- you could contact the cops in his home town, tell them what happened, and see what comes of that. You could also contact the trademark owner, and let them know what has happened, maybe they'll take an interest.

But the only way for you to get your money back is to sue in small claims court.

 

[legalbattles]

NJ

Thank you. That was helpful. One more thing: as far as the police goes. They'll just document it, right? But how long will they hold onto the information for? Will the documentation stay in that person's "'file" or something.

Also, get this: The buyer had his phone # posted in his email he wrote to me before this whole fiasco so I called the #. And I was told I had the wrong number. This sounds very similar to a story I heard one from a coworker: a guy tried to take someone to SCC and he was told that the defendant doesn't live at the address anymore.

 

[zippysgoddess]

Have you tried contacting Ebay about this and using their Safe Harbor protection plan since you made the purchase through one of their listings? They frown very highly on people posting knock-offs and counterfeits for sale and will provide you any assistance they can.