Belt Auction

Can I sue someone in small claims court for not paying for my Ebay auction that they bid on?

Someone purchased some products from me off of Ebay. They won the auction but don't want to pay now. I know an Ebay auction is a legal and binding contract. So, can I sue them in small claims court? Has anyone ever heard of someone doing this, and, if so, have they won? Please help...

Public Comments

1. Yes. I've seen it alot on People's Court. You absolutely can sue for breach of contract. But if they are deadbeats you will just be wasting time and money. File the nonpayment report on them, block them from future auctions and resell your products. Sorry.
2. only if you both live in the same state.
3. Take the issue up with Ebay. They should block these people from bidding on anything else. Ebay is the way to go! Complain, complain, complain.
4. yes you can but i wouldnt bother unless it was a high value item. I dont know of anyone who has won a claim like this
5. in theory yes, but in practice, it might not be worth it. remember, you did not lose the items (unless you sent it to them cash unreceived, and then you're screwed) just the listing and final value fees. it also depends on how much that the items were worth. i think that it would be smarter idea to contact the deadbeats and ask them to pay you. don't threaten or be rude, simply follow due process. send them at least 4 invoices over a two week period. once that period is over, file a "non paying bidder" alert with ebay and give the buyers negative feedback. if you do that, you will get your listing fee back and that leaves you free to relist.