Thread: N810 owners:8G mini SD $34.02 shipped newegg.com
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paps is offline paps
2008-10-12 , 18:10
Posts: 76 | Thanked: 15 times | Joined on Feb 2008
#50
Originally Posted by bunanson View Post
I filed a claim case in small claim court 20 yrs ago and won, 3 X the disputed amount, without lawyer's help. Did it all by myself. I remember the filing fee was very small, like $27, the dispute was landlord refused to return security deposit after I moved out of an apartment. I went to pub lib, researched the topic, found the apt owner, took pics, sent registered mail to document attempt to settle dispute in 'good faith'....it is a full time job. It is something I would call sweet bitter victory. The bottom line, is the amount in dispute worth the effort or are you able to spend that amount of time? The most difficult part of this process....to find the court that has jurisdiction over the matter. My case almost got thrown out of court as the defense lawyer attempted to claim the district has NO jurisdiction over the owner.

Bottomline, it is easier to say than done.

bun
Landlord-Tenant disputes are timely ones, but like you said the value of your time must not outweigh the cost of pursuing the matter in civil court. Security deposits can be a range of a few hundred to a few thousand dollars, and in the case of a $35 memory card (even at 3 times it's only $100) you need to ask yourself if it is worth the hassle.

To me, this type of action is not as much a time measurement, but really a cost one. Small claim courts are $20-$40 dollars for filing and postage fees. You have to travel and spend time in a courthouse. The total recovery for this particular situation is not worth most people's time, but I personally would not give up so quickly. Paypal is responsible in my opinion for the counterfeit transaction. They should not allow businesses to use their service for monetary gain at your expense. If they get enough of these lawsuits or complaints, then perhaps they will be more cautious about who can use their service.

All the paperwork I foresee someone needing here is a copy of the receipt, the fake product, and proof they tried to resolve it before coming to the court as a last resort. Not nearly as much effort as researching a landlord case is little more complicated.