So I'm ripped off. Now what?

[lynchpin667]

Sorry if this topic is covered elsewhere, it wasn't easy to find.
I recently made a trade and have been patiently waiting for my models to arrive. Two weeks later, they haven't with no communication. I've sent some emails and now, after checking the other guy's feedback again (which was a short time ago all positive) I now find negative feedback indicating others being ripped off as well as myself.

I sent almost $400 worth of models. I want justice. What do I do? I'd like to call the FBI or such and report mail fraud.

[PhoenixEnvy]

Take a look at the Bad Trader Forum, and read "How to Complete a Bad Trader Report" and "Bad Trader Reporting Rules - Caveat Emptor." Then, file your bad trader report.

[imp522]

Below are the links to the FBI internet Fraud Center and USPS Mail Fraud.

FBI Internet Fraud Center http://www.ic3.gov/complaint/
USPS Mail Fraud http://postalinspectors.uspis.gov/forms ... laint.aspx


If you are going to post it up on the site here below will help you with what needs to be posted etc
How to Complete a Bad Trader Report viewtopic.php?f=34&t=103202
Bad Trader Reporting Rules viewtopic.php?f=34&t=71

[lynchpin667]

I'm more concerned legally with what can be done. I'm out $500 in models which I WILL retrieve one way or the other. I'll look at those fraud links, but I'd like to know if anyone else has gone through the process and if they've been successful in getting anything back.

[MagickalMemories]

Step 1.
Cut a hole in a box.
Step 2.
Put your... Wait. Wrong instructions.
; )

So, here's the deal.
Before going through the courts, follow the instructions above. ALL of them.
PM me his User ID, and I can provide you with more information, provided you've already posted the BTR on him.

After you've posted the BTR and filed the reports, wait a few days or so. There are a number of traders and staff here who are adept at trackign people down. Let us see what we can find.
Might be that it's a kid, and we can help you get ahold of Mommy & Daddy.

If that doesn't happen, follow the instructions below (this is presuming it's a US to US trade. Otherwise, I have no advice, beyond the above).
Call your local PD. File a police report. They may not want to accept it, since the guy lives outside their jurisdiction. be insistent. Tell them his local PD don't want to take the report because YOU are out of THEIR jurisdiction. Tell them this, even if you have not tried to contact them. It's not a lie. They don't want to. They want to pass the buck.
If your PD gives you the run around, ask for someone who handles cyber crimes, online scams, etc. Failing that, keep escalating your request "up the ladder" to that individual's supervisor.

Then, call his local PD. Try to get them to accept a report over the phone. If theyr'e resistant, tell him your PD didn't want to take it, either... you get the idea.
HIS local PD might say you need to file a report locally, then forward it to them. If that's the case, then do so.
Try to get them to stop by his house and speak with him.
Many times, this will scare the bejesus out of the guy. Especially, if he's young or relatively inexperienced.

If you need to take it to the courts, what I'd do is below.
KEEP IN MIND THAT I AM NOT A LAWYER AND AM ESPECIALLY NOT *YOUR* LAWYER.
THIS IS NOT LEGAL ADVICE. IT IS SIMPLY WHAT I WOULD DO.

File a case in your local small claims court.
Remember that you need REPLACEMENT value for your models, not any arbitrary value you settled for in trading them. Yuo need the cost to "make you whole" again.
SHOW UP FOR YOUR COURT DATE.
When he doesn't show up, the judge will rule in your favor by default.
Forward a copy of the court documents to his local Sherrif and ask that he enforce the judges decision.
You want him to sieze property at that value, etc.

When I had a problem with a painter that wasn't producing, I spoke with a lawyer friend of mine, and the blue text is the advice he gave to me. I don't recall precisely what action he said I wanted to have the Sherrif do, but it was to essentially sieze property.

Good luck with it all.

Eric

[lynchpin667]

Thanks, I appreciate it. I've found out there are other interested parties now with trouble with the same individual.

[Ironhide]

First, I am not condoning violence; but if you have his address, you can always drive to his house and demand your items back. You may find out he's just a little kid, and a talk with his parents may net you your models. Of course, I'd save that course of action as a last resort.

[Norseman]

Just a big red flag here... You may be genuinely ripped off here...but conversely it has been 2 weeks over THANKSGIVING. The guy may be out of town. I know it may seem unprobable but there is still places especially ones owned by OLD people that do not have internet. Unlikely and unprobable but possible. I know it is extremely upsetting when people cut off communication during a trade especially after one party has shipped.

Give us his name and we will track him down.

[s_o_r_r_o_w]

Have you filed a BTR? $400 (or $500, depending on your post) seems to be a lot of money to be out without an accompanying BTR.

[EVIL INC]

Sometimes, after all is said and done, you may just be S.O.L.. I seriously hope that is not the case for you as it was for me.
Personally, I feel all that has been given has been good advice.
Noreman has an excellent point, it IS the holidays and that could have had a serious impact on communications and travel time of packages/mail.
Maybe you could use his name and address to look up his phone # if it is listed and talk to him directly (without actually going to his home).

[lynchpin667]

I'll file a BTR today as I do the rest of the paperwork. I'll make the details known, I just want to get a solid handle on what my options and appropriate actions are.

I was wrong about the amount, it was $254 from me, similar from him for total of $500.

[kturock]

I'll file a BTR today as I do the rest of the paperwork. I'll make the details known, I just want to get a solid handle on what my options and appropriate actions are.

I was wrong about the amount, it was $254 from me, similar from him for total of $500.

Umm huh? total is total.

If you sent him $254 of money, goods or anything, you are only out $254. If he was giving you $500 worth of goods for $254..you're still out only $254.