This guest-post by Drew is a followup to our “How to get your money back from PayPal“. Drew is currently fighting to have his funds released by PayPal. You can read Drew’s first entry here: Getting my money back from PayPal
After I sent PayPal the formal letter asking for them to release my funds, etc., Paypal called me this morning, and said So What, give us documents between my vendors and their wholesalers. I said it’s not legal, so on and so on, and informed the person I will go ahead and start the legal process, first by filing all the complaints.
These are the basic steps I took to file my lawsuit against PayPal:
- Write up a brief, 2-3 pages in length, outlining the case being filed, points of interests, legal issues, damages, rectification being sought. Once all completed, make 4-5 copies of it all.
- Go to county courthouse, or federal courthouse. Go to Clerk of Court’s office
- File lawsuit brief in small claims, or other appropriate offices.
- Have clerk of court notarize some of the copies, to deliver a copy to the defendant or their legal representation. In Paypal’s case, 1 copy to legal dept in California, 1 copy to legal representative of the state residing in (in my case, Overland Park Kansas, even though I am in Iowa)
- For Iowa, the filing fee is $35. Federal court, filing fee is $85.
Filing fee’s for each jurisdiction are different.
- Although not required, make Lawsuit Public – Paypal will hate that tremendously. Plus it will cost them much financial resources, just for the initial presence in court.
I am quite sure that Paypal got my email this morning after i finished all the complaints with the FTC, SEC, federal reserve, California attorney general’s office, and the California justice dept. A lot of stuff, but i am ready to play the hard ball game, that will cost them a lot more than it is worth. I am seeking 72 hours for their representatives from 1 state away to appear in court or face default judgment.
My legal points are as follows:
- Paypal voided their TOS & agreement when they asked me to conduct criminal activities to get what they want.
- Paypal is operating as a financial institution with power of seizure, without legal authority to do so.
- Paypal is committing felony fraud (possible laundering activities going on as as well, since it seems to be widespread and ongoing), but just my own money is $2,253.36
- Paypal is refusing to release funds, not belonging to themselves, which is called grand theft.
If they would not have ask me to commit a crime, then their contracts are legal. but once they asked me to commit a crime, their contracts became null and void. That is law.
*note, by asking for me to commit a crime, I can also ask for punitive damages. When they did that, it opened them up to being liable