Inernet sale gonde bad, seller owes refund, can I small claim person inanother state?

[soloprob]

Hello, I have an internet sale gone really bad.

I bought two car parts from a person on a web-forum who seemed highly rated, paid via Paypal. Seller lives across the country, Seller failed to send first part for 25 days. During cordial emails back and forth on when I would get shipping info, seller starts abusive name calling, threatens to not send second part.

At this point I file claim with paypal.

I recieve first part at 35 days, and it is "not as described " as proven by a mechanic, it will need hundreds of dollars to fix.

Only after I advise seller I will be filing claims with numerous law enforcement agencies, does seller show proof of second shipment at 40 days...

Second item shows up at 50 days but the box is heavily damaged, has numerous holes, and is ripped up, I refuse delivery.

The next day Paypal rules in my favor, but states seller has no funds to collect.

I chargeback paypal with my credit card company, they obtain a partial refund because I used some paypal cash to partially pay for parts, I'm out $200.

Seller realizes the costs he will be living with, collection agencies, law enforcment, credit ratings, etc, and publicly appologizes. I think all will be well. I start discussion again and seller still refuses refund, and wants me to pay for shipping items back to him, and will not refund money.

In the emails, he starts saying stuff like, "I am watching your house" "It would be nice to visit you..." "your not going to get the last word" "I have spoken to my lawyer and I have a case against you..."

So, he lives in another state, can he file a claim against me and force me to attend small claims? Can I counter his threat by filing a claim in my state first? Can I obtain an order of protection for someone outside my state? Any other recommendations? thanks

 

[dee_dub]

Why are you out $200? Why did you only get a partial refund?

The seller has the right to get his items back. You're not responsible for paying the shipping.

For the amount of money involved, you're looking at small claims, and if either of you sues you're probably going to have to do it in the other's jurisdiction. FWIW, it sounds like he has no claim, and you might have a claim to the $200 you're short.

 

[soloprob]

Hi, thanks for helping.

I am out $200 because I had a paypal balance, and used that plus credit card to pay. Credit card chargeback won't cover the paypal cash portion. since seller has no money, refuses refund, I am out that amount.

I agree, i want to get this part back to him, he refuses to send money for shipping and has said "sell it", which is problematic because a credit card company and paypal may have claim once they pay me. True?

About jurisdiction, your saying even though this was a mail order sale initiated in my locale, i need to file in his jurisdiction?

If true, I am also worried he may file against me, so the same would be true for him, he would have to file in my jurisdiction?

Lastly, even if he has no claim, as I understand, anyone can file for anything, can he file at his location against me?

Thanks for the help.