Jersey City, NJ asked in Criminal Law and Internet Law for New Jersey

Q: I bought 890$ worth of comics from someone through eBay. Ebay messed up charged my moms old card it still charged her

new account. Being neither of us knew her card was charged she disputed it. Paypal has a certain way they deal with it, so they pull the money from the person who was paid.It does not mean that that's the final result.PayPal hasn't made a decision yet, but he went to the police and police called me saying I can be charged with theft right now. Is that even true? How can it be when the ruling hasn't been even made yet. I agreed to give him back the items if he does end up being -890$ for final result. He can't produce a list of the books I bought this time, I've bought from him several times in the last couple weeks.with no list and proof of price per book or title of book they said I need to just give him whatever HE thinks is fair! We dont price our books the same, he might sell one book for 1$ and I sell it for 50$, or reverse. How can it be off his judgment how many and which ones I owe him? Is there any crime here and if so what? If not,can I sue the cop who told me it was?

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1 Lawyer Answer
H. Scott Aalsberg
H. Scott Aalsberg
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Unfortunately it sounds like you are in the wrong and liable criminally for using the wrong card as ebay does have you choose a card number in the order form, and you are supposed to review and confirm this, thus your fault. Hopefully, you won't get charged with anything as they are giving you a chance to make this right, but if not hire a good lawyer to try to reduce the charges. Unfortunately mistakes like pressing a button for the wrong card are not defenses under the law, just like a mistake of pressing the button on a gun is not a defense to manslaughter.

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