Retain a lawyer in your area who handles large and small claims cases, preferably one with experience working against eBay or other websites. Your lawyer will help determine if you need to file in small claims court or if you have a larger case. File suit in the county courthouse where you live.
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Dec 19, 2009 · Gather any evidence you have that proves you have a case against eBay. For example, if the company suspended your account for selling illegal materials, you have to prove that the items didn’t violate the terms of service or that you never sold those products. Find evidence that supports your experience with eBay.
If the case is sent to the state court, the court may side with eBay. When this happens, you ’ll be responsible for paying the court costs, and additionally the company may sue you for breach of contract.
One of the largest auction and online stores in the world is eBay, but the website is not without its faults. There are many complaints registered by buyers and sellers on the site, including those who eBay claimed violated their laws on what can be sold on the site.
Can a defrauded eBay buyer take the matter to a local small claims court? Usually, the answer is no. (To learn more about small claims court, see Nolo's Small Claims Court area.)
The seller cannot file the unpaid item dispute until seven days after the end of the auction. This waiting period is not required, however, if the buyer is no longer registered with eBay or if the seller and buyer mutually withdraw from the transaction. The buyer does not receive the item.
If you have a complaint against a particular eBay seller, you can submit your complaint through this online form and report the seller to the company.
If you have a case against eBay that is not resolved by the BBB or the FTC, and eBay has denied your appeal or refund, you can sue them in small claims court. Keep in mind that this must be done as a separate case, and there is a limit of $5000 on the size of the case.
Suing a big corporation usually includes spending weeks working on the lawsuit and hiring a legal professional to handle all of the legal procedures and documents. What’s more, the process can be pricey, complex, and it might even drag for months.
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Before your first meeting with a lawyer, find out if you’ll have to pay for the lawyer’s time. Often a first consultation is free. Be ready to give a short summary of your legal situation and the solution you want. You’ll want to ask: 1 About their experience with your kind of case 2 How they would get the solution you want 3 About the chances of getting the solution you want, and other possible outcomes 4 Whether this lawyer, other lawyers, or paralegals in the law firm would do most of the work on the case 5 About the fees for each member of the law firm who would work on your case 6 How long it might take to resolve your legal issue or case
Finding the Right Kind of Lawyer 1 Ask family, friends, or co-workers for recommendations. 2 Check with your state and local bar associations. 3 Consult lawyer referral services offered by a union or community group you belong to.
Many lawyers specialize in certain areas of law, such as family, estate, personal injury, contracts, or civil rights. It’s important to find a lawyer who has relevant experience with the legal area that you need. Take time to search for the right lawyer.
Many lawyers charge a flat fee for uncomplicated services like drafting incorporation papers, handling an uncontested divorce, or filing a simple bankruptcy. Before you decide to pay for a service with a flat or fixed fee, find out exactly what services the fee does and doesn’t cover.
If you hire a lawyer on a contingency, it means their fees will be a set percentage of the total money you get if you win your case, plus reimbursement for case-related expenses like depositions, expert witnesses, and filing fees.
If you've been defrauded by a seller on eBay or have reason to believe you have discovered stolen goods, we strongly encourage you to contact your local police to report the incident and ensure that you obtain a crime reference number.
Your transaction might not be a case of fraud or stolen goods, and it might be that you're dealing with a seller who is slow at sending an item or keeping in contact. In these cases, we encourage you to try and resolve the issue with the seller directly.
If you report your transaction to the police, they'll decide if it should be investigated as a crime or as a civil dispute. If the police feel that your case does not involve criminal intent by the other party, it is possible that they may advise you to take civil action to recover your losses through a civil action (small claims).
The simplest way of reporting a crime is to go to your local police station or to call the local police operator on a non-emergency number. In most cases your report can be taken by telephone and followed up later. Some forces have an online crime reporting system, which you may be able to find on the web.
The police will need essential details from you, such as the date and time of the offence and who the victim and suspects are. If you tried to contact the seller you may have even exchanged names and addresses using the ‘contact member’ system.
We strongly believe in working closely with the police and other government agencies to keep our community safe. We train hundreds of police and trading standards officers every year in how to assist victims of crime and we provide our support and services to them free of charge.
eBay provides information in accordance with data protection legislation. The following contact information is provided for use by the Police, Trading Standards and other law enforcement agencies when sending requests for information:
Some lawyers are willing to work out a payment plan so that you don't have to pay all of the fees at once. You may be able to work out a plan to pay a certain amount every month until everything you owe has been paid. It's up to the individual lawyer to decide whether to make this option available.
In some cases, such as criminal, divorce, or bankruptcy cases, lawyers are not permitted to charge contingency fees. In some cases, attorneys will charge you an hourly rate. However, others (especially lawyers for criminal cases) will charge you a flat one-time fee.
Legal hotlines provide advice for people in specific situations, such as victims of domestic abuse. In some cases the advice is free, and in other cases it is very low cost. Do a search for legal hotlines in your state, and find one that will give advice appropriate to your situation.
Legal aid programs employ lawyers and paralegals to offer free services to people who are eligible. If you need help with divorce proceedings, employment issues, landlord and tenant issues, and a number of other legal problems, legal aid programs are an excellent resource.