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  1. #1
    Join Date
    Nov 2011
    Posts
    3

    Default Buyer Said Goods Don't Work, Stopped Payment - Is it a Crime

    My question involves criminal law for the state of: Massachusetts

    Was a crime committed? could I report it to the police? Anyway I can get my money back?
    I sold a Xbox bundle that came with various items like a Kinect , three controllers and 15 games for $400 dollars. The buyer payed me with a personal check because he said that he couldn't withdraw that much money. I stupidly agreed, so long story short a week later I received a letter from my bank saying the check bounced, reason "refer to maker". I contacted the buyer and he said that he put a stop on the check because 2 controllers didn't work and also the kinect didn't work. I told him everything worked fine and if there was anything wrong with the item he should have contacted me (he had my address,cellphone number, house phone number and email address) instead of putting a stop on the check and on top of that staying with my items. He was given time to review the items before buying them, in fact I was the one that told him to look at them because the sale was final. I told him I was going to contact the police but he sort of brushed it off and said they wouldn't do anything because he could prove 2 controllers didn't work and the kinect. I know everything worked perfectly fine. I just don't understand how he thinks he could not only put a stop on the check, not contact me or anything to even try to work things out or atleast give me my items back (its been a little bit over a week since I sold it). He sort of told me to screw myself. I am starting to believe going to the cops would be a waste of time because how assertive he was. So now I am out of 400$ dollars, the items and I have fees on my bank for not being able to cover the amount of the check. For proof I have text messages where he states everything I just mentioned and the check he gave me. I also know where he lives and his personal information.

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Considered a Crime Should I Report It to the Police

    You cannot expect strangers to know whether this guy had a scam in mind all along (despite, as you say, supposedly checking out the equipment or having the opportunity to do so). You're free to contact the police. Whether they'll take a report or act on it, we cannot know from here. Why do you care if it's a waste of time though? (In future, do not threaten to do X and then fail to do it.)

    Never start spending money until a check has cleared (then you won't incur fees).

    As for having all his info, you oughn't have a problem suing him for what he owes (it sounds like he wasn't interested in returning even if you belatedly agreed to undo the as-is sale). First, I'd send him a demand letter for my money (certified mail, and showing on the letter that a copy went regular mail; if you do file a police report, mention that as well).

  3. #3
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Considered a Crime Should I Report It to the Police

    It's not a police matter, it's a civil matter. You're going to hafta go after him yourself, i.e. sue. Follow Foster's advice.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Considered a Crime Should I Report It to the Police

    Expect him to show up in court with a few defective Xbox pieces claiming they were part of the deal, if he even shows. Remember, once you get a judgment, you need to figure out how to collect.

  5. #5
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Considered a Crime Should I Report It to the Police

    Take him to small claims court.

    Foster Foster, I once accepted a check from an Ebay buyer, and when her check bounced, MY bank charged me a $15.00 fee for it, (and it did not result in me being overdrawn.)

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