someone is trying to sue me over $200...ugh

M

madzia

O.G.
Jun 27, 2006
710
220
#1
I bought a MJ Stella from eBay for $215 with shipping about a month ago. The bag was listed as New without tags (which to me means that is hasn't been used EVER)

I got the bag, and for the most part the condition is ok but there seems to be quite a bit of wear on the handles and what resembles a pen mark on the inside of one of the pockets (small, but i still know it's there). Also, the bottom part of the handles below the buckle are starting to curl up and there is a bit of wear on the corners. All of these details are making me think that the bag was in fact used, maybe lightly, but none the less the seller misrepresented the item.

I e-mailed him and told him my concerns, he kind of ignored my questions & concerns about the condition and kept assuring me that the bag hasn't been used and is authentic (i'm not questioning the authenticity, just the usage part)

So after this went on for a week I filed a dispute with PayPal...he kept saying that he'll either refund me $20 for the discrepancy in condition or I can send the bag back to him and he'd refund me 200, (that's the price minus the shipping) and I'd also have to cover his relisting fees as well as the cost to ship it back to him (basically I'd end up in the hole about $40 and no bag).

My thought was that this was not enough and I asked for $50 back to make up for the condition

So he escalated the calim to a disupte that same week and after ALL this and waiting for PayPal to respond to this case, I got an e-mail from the seller today stating that if i dont return the bag by THIS FRIDAY he will sue me for:

"$1875.00 for loss of revenue, time, effort, money out of pocket, and legal fees. The fees have been calculated by my attorney up to the first hearing. If she disputes this and makes a motion to obtain legal counsel, the initial filed claim amount will adjust according for more legal work @ $175.00/hr. "

CAN HE EVEN DO THIS???? Isn't paypal supposed to protect against this type of thing?!

He's saying I'm the one abusing the PayPal system and that he sold me the bag as new!!! I'm afraid that if I return it to him now he'll say that this isn't the condition he sent it in!!!

This is just absolutely absurd. I don't need to be dragged through small claims courts because this person's stupidity!!


So what do I do???
 
#2
WOW! I'm so sorry you're going through this! I'm quite frankly no help, since I agree, I didn't even know that he would be able to do this! Have you spoken with Paypal already?
 
#4
Make sure you have kept ALL email communications with him. Forward that email to PayPal as well, if possible. This guy is insane.

What was his refund policy on the listing?

It's understandable if you have to pay to ship it back and he doesn't have to return what you paid for shipping... but making you pay for relisting the item is ridiculous. I don't think that is your problem and you shouldn't have to pay for it.

AND Just because he decides to sue you doesn't mean you have to pay for his attorney fees. That is something, I believe, that a judge would have to decide. Besides, wouldn't he have to file in small claims court? You don't need an attorney for that! Besides, the fee to bring a claim ends up costing more than the bag itself!

I, personally, would follow whatever steps are given by eBay and PayPal in this situation. Try contacting PayPal and let them know the change in the situation. Maybe they will speed up the process.
 
#5
I think you should definitely forward his email to Paypal. He's basically threatening you to drop your dispute against him and I think they should know about it.

I think it's an empty threat, I can't imagine anyone actually instituting a lawsuit over this (let alone winning!) but you never know, there are some nuts out there.

Sorry you are going thru this, I'd definitely forward his email to paypal.
 
#7
This guy is nuts! I've had to deal with a crazy woman once and it esclated to paypal. I would recommend that you call paypal to get the quickest action. Also this guy might just be trying to scare you because this just doesn't seem worth it to take to court.
 
#8
Oh for heaven's sake. It's a $215 MJ bag (which is hard to believe but OK). I don't understand the problem. You filed a claim so the funds are on hold. How can he escalate your claim? That's new to me but again, OK. It's hard to tell what exactly you want to have happen. If you are not satisfied, send the bag back and look for a different one. It may have been a store display which technically means it was not ever used but could have been handled. Without the listing, its hard to tell. But at this time of year with everything else going on, you don't need the extra stress. You don't like the bag. Send it back.

But wait - are you saying PayPal has sided with him or have they not settle it yet? Maybe you just need to wait to see what they say.
 
#9
downtownatlanta said:
Oh for heaven's sake. It's a $215 MJ bag (which is hard to believe but OK). I don't understand the problem. You filed a claim so the funds are on hold. How can he escalate your claim? That's new to me but again, OK. It's hard to tell what exactly you want to have happen. If you are not satisfied, send the bag back and look for a different one. It may have been a store display which technically means it was not ever used but could have been handled. Without the listing, its hard to tell. But at this time of year with everything else going on, you don't need the extra stress. You don't like the bag. Send it back.

But wait - are you saying PayPal has sided with him or have they not settle it yet? Maybe you just need to wait to see what they say.
Click to expand...

The problem: she is waiting on Paypal's decision, he's threatening legal action. What should she do?

I do think that this is unnecessary stress, you should return the bag, since it sound slike you're looking for new condition anyway. Good luck!
 
#10
$1875.00 for loss of revenue, time, effort, money out of pocket, and legal fees. The fees have been calculated by my attorney up to the first hearing. If she disputes this and makes a motion to obtain legal counsel, the initial filed claim amount will adjust according for more legal work @ $175.00/hr. "
Click to expand...

HORSE PUCKY!!! Totally blowing smoke.

My advice:
Send him the bag back with insurance, delivery confirmation and signature confirmation--take photos (or better yet, video) of you packaging and sealing the box, as well as a clear image of the label showing HIS address. Then you can simply PROVE to PayPal that you no longer have the item, therefore he HAS to refund your money (less shipping). The sooner you get rid of this lying, unscrupulous maniac, the better.

Also if you sell items at all on eBay, make sure to block his user ID.
 
#11
I'd contact paypal and see what the deal is. This sounds like such a hassle. He may be blowing smoke to get his desired end result

As for small claims court, yes he can file without a lawyer, but also may retain counsel, but depending on the jurisdiction, fees may be written into the statute based upon the type of action and there may be a catch all discretionary statute re: fee awards. Worst case scenario-he is not bluffing, he does file suit, still, you don't necessarily need a lawyer, but be sure to read all suit paperwork very carefully. If you are a no show for case call in small claims where I practice, the other party is defaulted.
 
#12
Yeah, but how in the world can he demonstrate damages of anything remotely approaching that amount? The damages the way I see it can't extend past the cost of the item plus fees. I mean, lost revenue?? from what?
 
#14
first don't send the back back until paypal has told you, im sure you will win the dispute and the guy is just crazy for trying to sue you or at least threating to. Include the email in the paypal dispute
please keep us updated
 
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