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?

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.