[birdlover2]

Greetings. I purchased a lot of antique beaded purses from an auction house and they described the items as 'beading superb'. When they arrived there were numerous holes and significant beading missing and stained. It was fraudulent description in order to entice a bid. I contacted the auction house and they refuse to accept a return and refund my money. So, I would like to file a small claim case against them. I live in Nebraska and their auction house is located in Maryland. However, they were purchased via Proxibid website which is also located in Nebraska. Can I file a small claim case against them here in Omaha, NE? Thanks for your help. Laura

[AK lawyer]

Did you read the Prixibid user agreement?

In particular,

"...6.3 Disputes between Users
In the event of a dispute between you and another User, you agree to use good faith efforts to resolve the dispute, including contacting the other User by reasonable means and allowing the other User a reasonable time to respond. If you are unable to resolve a dispute directly with the other User through your own good faith efforts, you may contact our Operations Support Center and follow this process:

• Open a Dispute - If you are a Buyer, you must open a dispute within 45 calendar days of the date you made the payment for the item at the subject of the dispute. If you are a Seller, you must open a dispute within 10 calendar days from date of the event for the item at the subject of the dispute.
• Respond to Proxibid's requests for information in a timely manner - During the dispute process, Proxibid may require you to provide documentation to support your position. You may be asked to provide receipts, third-party evaluations, police reports, or any other information or documentation that Proxibid specifies.
..."

You might want to look into this dispute resolution process.

[birdlover2]

I did try to get Proxibid to resolve the issue but they said the auction house refused to refund me. So now am contesting it with my bank because I used my debit card but the auction house said they will contest any efforts from my bank to recover fees. So if the bank rules against me to recover the funds, I am going to take it to small claims. So, I really need to know if I can file against the auction house in Nebr.

[ScottGem]

You can, most likely, file in Nebraska. But you have to understand, how are you going to collect? Even if you win, which seems likely, then what? Just because a judgment is issued against them doesn't they will say, oh well we lost here's your refund. You will have to find where they bank or some asset that you can seize.

I'm not sure I have an answer for you. I think your best bet is to pursue the issue with your bank and Proxibid.

[Fr_Chuck]

They have a habit of this, you may want to goggle or bing, proxibid and the words fraud, or scam and see what all pops up.

I found many complaints of misrepresenting items and not giving refunds all over the internet

http://www.ripoffreport.com/auctions...fals-m3cd5.htm