Well, the first step is to do a chargeback via Paypal. If and only if they refuse the chargeback should you do a chargeback on your credit card. (I think that is what you were planning; just wanted to clarify the wording.)
It really doesn't matter if the seller still has funds in the Paypal account- if they have their bank account or credit card still tied to the account Paypal will just deduct it from there.
However if the person has just dropped off the face of the earth, Paypal might just decline the chargeback. Keep all of your emails and communications, and if Paypal declines it then do a chargeback through your credit card.
Which is why I always tell people to use their credit cards; it gives you an extra layer of security.
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