TexasCHLforum.com

It seems to me that you have not even checked to see if the money order was cashed or not. So who's to say it wasn't lost in the mail? If it was cashed then you have a case of mail fraud (The postal service was used in the commission of the crime) making it a federal offense regardless of who sent, received, or cashed the money order. Once an officer of the federal government starts asking questions you might just get your gun or your money back. I am afraid that your lawsuit may end up being dismissed because you may not have standing to sue the auction site seeing as how you appear to not have used any process to get resolution and have not filed a criminal complaint against the seller (While I am not a lawyer I know someone who went through a similar process against a different auction site).

So you sent them a money order, I assume the money order was sent via USPS? If that is the case your lawyer should advise you on how contact the post master general's office and report this as a case of mail fraud. I assume that you have taken the money order receipt/stub in and check to see if it has been cashed.