Unless PayPal violated its agreement with you, I see no claim. PayPal is not a credit card, so those protections do not exist. Therefore, you are left with contractual claims. Nevertheless, I would ask what precautions you could have taken. If nothing else, it would help you avoid this situation in the future.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
Mitchell P. Goldstein
Richmond, VA 23230
This is a complicated situation, and additional information is required for a proper answer. You definitely need to consult with an attorney.
First, sorry to say it, but you are probably going to lose this one. Before you decide to pursue this matter further try to decide if you have enough information to go forward, and who to go forward against.
Theories of Liability:
Did Ebay misrepresent the quality of the buyer? Did your buyer have a high feedback score? Was the Ebay account used to purchase the computer actually the buyer? Did the buyer click through from Ebay to Paypal, to pay you?
If any of these questions apply, you may have an avenue to pursue against Ebay. However, Ebay has several warnings with regards to collecting funds and shipping items. An examination of the Ebay user agreement is required to determine any liability.
Paypal has an obligation to ensure that the funds it withdraws from the buyer's account actually is from the buyer's account. How long was it from when Paypal credited your account, to when they notified you that the funds were misappropriated? If this time is unreasonable, then you may have a claim against PayPal for not only the negative balance, but the value of your computer. Now if you saw the paypal credit hit your account, and then immediately ran out and mailed your computer to the buyer, you are probably out of luck. Unreasonable would be something more like the account was credited, and three days later they said the funds were stolen and they debited your account.
Again like Ebay, Paypal has several policies in place to protect you and them, and an examination of the Paypal agreement is required to determine liability.
Unfortunately there are alot of scammers out there, and it appears you have fallen victim to one.
Good Luck and if you need further information, feel free to contact me.
NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom.
The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in you area that knows the relevant facts of your case. www.loudounlawyer.com & www.onlinevalegalforms.com
Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.