Okay I've been scammed...

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shadowfax71

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Below is a copy of an original post that I had asked about. Following the post I now have a new question regarding this matter. I'd really appreciate more guidance and opinions before I go in debt further trying to fix this matter.


My jurisdiction is: USA

I sold a car to someone who I allowed to make payments.
The title to the car never left my possession.
The buyer informed me that she could no longer continue to make payments. She wanted me to return the monies she had paid me for the car back.
I refused because she had possession of the car the entire time (supposedly garaged and being restored).
She then asked me if I could sell it for her on Ebay, keep the amount she still owed me and then give her the remaining proceeds.
I didn't have a problem with this.
It was a classic car and I knew it would bring a good price on Ebay.
I listed the car.
Sold the car.
Collected partial payment from the new buyer.
STUPIDLY gave the partial payment to the seller and took back possession of the car.
I was to collect the remaining money from the new seller which was what I was owed from the old seller.
Then I got a good look at the car. It was trashed. The pictures she had emailed to post on Ebay to me, were obviously taken we she first got the car.
Bottom line; she has all the money, I have nothing but a car not worth salvage and an angry buyer who I now owe $4600!!!
I have tried to put a skip trace on the woman but cannot find her.
What exactly are my liabilities?
I don't have $4600!
I offered to make payments to the new buyer because I felt so bad but he refused and wants all of his money.
I should mention that he sent the money to MY paypal account.
To complicate this heinous story even more, the newest buyer of the POS car is in Mexico.
What in the world can I do about this mess?
I feel like I'm in the middle of some international fraud, Ebay scam???!!!


Okay that was my issue. I have since tried to contact the 2nd buyer several times trying to make payment arrangements and he will not return calls or emails. I do not have a physical street address to send a certified letter. At this point I don't know what else to do???

Should I just sit back and wait for him to take me to court and then show them the efforts I have made to contact him?

Or do I wait out some statute of limitations on the matter?? How long does he have to come back on me?

I'm not used to having unresolved legal issues haunting me and this is really disturbing for me. Please help!
 
Should I just sit back and wait for him to take me to court and then show them the efforts I have made to contact him?

Or do I wait out some statute of limitations on the matter?? How long does he have to come back on me?

These are not mutually exclusive options. In either case, you wait.

My suggestion would be stop pursuing the new buyer. He's out $4600, if he wants it, he will no doubt come and get it. How long he has to sue depends on the jurisdiction, which you can look up here (under "written contracts", I expect). http://www.cardreport.com/laws/statute-of-limitations.html
 
Agreed with dee_dub. You wait until the plaintiff pursues you. It doesn't matter whether or not you find the person who scammed you - you're still on the hook for the person who you didn't pay. Someone has to bear the risk of loss and, unfortunately, in this case it's the person who committed the least cautious actions.
 
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