posted on February 4, 2004 11:26:52 AM new
readmond
I didn't go into detail because the details really are my own business. But I did go to court. In fact, it is now this guy who is spreading things around about me. Seems now he think it's okay because if I didn't have to pay. . .I've chosen to ignore his brash comments. Something about me committing recent extortion on him. Funny, I haven't seen hide nor hair of him for 5 years nor have I thought much about him. I went with plenty of evidence including the evidence of my theft captured on video tape and his eventual admission. By the way, I did get my things back from him only after I said I'd be glad to press charges if he didn't give them back. They weren't particularly valuable, but that was not the point.
The use of the word "permanent" was an exaggeration - I'm prone to that having learned it from two now grown children. Since no one knows the name of this guy's business by the feedback, what harm did he do to him really? His feedback was actually quite mild compared to some I've read that include the words thief, crook, etc. Besides, this is Wednesday. How can he possibly be served with papers by Monday? Unless he lives where the courts aren't already bogged down. Around here it takes forever. I still wouldn't worry about it. IFWM, I'd document everything and keep copies of everything just in case, but I wouldn't bite my fingernails down to the skin.
Edited to add: Your example was very clear, but very unlike my case. I had actual proof. Even I wouldn't go so far as to make up a story to hurt someone no matter how much I disliked them or their past.
posted on February 4, 2004 11:28:57 AM new
Be sure you keep all documentation. Emails will be most important. How long it took you to receive payment from him. In your TOS do you have a time limit? Check his feed back and see what feed back has been left for him. Tell us so we can block him
Look him up in the white pages. Find out where he lives and some towns, cities have a webpage where you can find out information if this person has a business. Enter his name in Yahoo search and see if there is anything about him.
Darn, people will do just anything to get money. Keep us posted
posted on February 4, 2004 11:30:15 AM new
This "Supposed Legal Eagle" buyer would have me quite petrified --LOL NOT!!
To make a defamation suit stick this fella has alot of work ahead of himself.
Like others have stated and I concur -DO NOTHING
He'll burn-out before you do.
posted on February 4, 2004 11:31:22 AM new
Papers can be served in a matter of hours or even minutes, overnight, or two or three days. All you do is make several copies and deliver them to the defendant and the court/recorder.
posted on February 4, 2004 11:36:46 AM newYour example was very clear, but very unlike my case. I had actual proof. Even I wouldn't go so far as to make up a story to hurt someone no matter how much I disliked them or their past
The fact that you "told the truth" has nothing to do with "permanent damages" and past behavior barring a suit. Neither are elements necessary for a successful defamation suit as I have demonstrated.
And I'll state again, if you're served with a valid suit/complaint at law, you better pay attention to it, once filed it is unlikely it will go away by itself no matter how baseless it seems.
posted on February 4, 2004 11:36:58 AM new
<<If you are served, you better pay attention or he can win by default.>>
If papers are in fact ever served, he certainly should pay attention.
However, in the original post, the poster states "i'm being sued", and in follow-ups, states papers being served Monday. So, based on this, I can only assume that so far the "suing" has actually just been a threat to sue.
My opinion is that someone showing up to serve papers is pretty unlikely in this case, but in any event, we won't know until (and if) the original poster keeps us informed.
posted on February 4, 2004 11:48:23 AM new
reamond
I agree with paying attention to "served" papers. Only an idiot would ignore them. Here's an example. I once worked for an organization that was served papers. They were being sued for non payment of rent in a former building. My boss stupidly ignored the papers and lost by default. The company suing him actually got more money then they probably would have if my boss showed up in court. Here's the odd thing (since you seen to be knowledgable). It turns out the first court threw the case out saying it had no merit and threw it out with prejudice. The attorney for the company turned around and re-filed it with another judge at another court. This judge failed to read what the other judge's findings were and slapped the company with a $36,000 judgement. The actual back rent was closer to $6,000. Anyway (I'll try to keep this short because we're getting off track), our company then took it back to court because of the first ruling. The new judge upheld the decision of the FIRST judge ruling in our company's favor. The other company then appealed it to the Ohio Supreme Court who is now hearing the case. How about that one? This has been ongoing for three years now. I would have thought the Ohio Supreme Court had better things to do. Go figure.
Anyway, do keep us informed on this one. I hope this is not a growing trend. I've only had to leave one negative and it was an unpleasant thing for me to have to do.
posted on February 4, 2004 11:52:04 AM new
Reamond, He put something on the email about Torts law. Not really sure what he was talking about but he said that, that would be the way that he can also sue me besides the deframation suit?
Thanks to all for all the good information. I wish I can just leave this behind and not worry about it but I have not been able to sleep more than 3 hours that past 2 night because of this guy threat. I probably should not worry about it but I have only been in a court house one other time in my life and that was a divorce from my ex-wife that was stressfull enough.
posted on February 4, 2004 11:55:12 AM new
Readmond;
Am I not correct that the statement must be proven to be intentionally false?
Per the USF Law School site:
"The elements that must be proved to establish defamation are: (1) A publication to one other than the person defamed; (2) of a false statement of fact; (3) which is understood as being of and concerning the plaintiff; and (4) which is understood in such a way as to tend to harm the reputation of plaintiff"
I don't believe the feedback
"Bad experience buyer diffult to deal with"
rises to that definition.
"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them."- John Wayne/The Shootist"(from the novel by Glendon Swarthout)
posted on February 4, 2004 11:57:55 AM new
I'll keep you all informed if I do or don't get served on Monday.
Also since he created a website and posted all the emails that we had exchanged, and all my business information, website, email address, ebayer username, then I could probably sue him, but I don't have the time or will to do something like that.
He did mention that he was willing to spend up to 55K in legal fees if he had to.
posted on February 4, 2004 02:06:53 PM new
yeah its me again...after all the advise you been getting;; the examples of others' suits, opinions of your accuser's ability-plans and threats -- i hope you dont mind one more thread from me... i am sure you wont treat a service lightly, i.e., ignore it..
..there are exceptions to what i say next, but as a rule, nobody can tell the officer of the court, to serve a warrant, much less a subpoena, or papers of a pending lawsuit -- on a specific day-as in next Monday...in saying this, i take for granted you reside in a different state from your accuser... some judges exercise power to serve a defendant immediately - i once served a peace warrant within the hour, but have seen 5 days transpire before a subpoena served which originated in another state. to me, it really makes no sense that the "lawyer" advises you of the ambush date ...NOW, to quote you.."he knows the law pretty good, etc." THAT IS EXACTLY what he is hoping you will think - and that he holds all the cards...and scare tactics certainly involve threatening to spend 55k to nail your butt to the cross -HE IS GONNA DO ALL OF THIS, IF YOU DONT REMOVE THE FEEDBACK... i am just making an attempt to ease your anxieties, hopefully not in vain, myoldtoy
posted on February 4, 2004 03:30:53 PM new
pandorasbox -- I couldn't speculate on what the outcome might be based on what was actually posted on Feedback.
There was another case where an aquatic plant business owner sued a dozen posters on a BB about aquatic plants. They posted about their bad experiences with dealing with him. He sued, they all settled out for $5000 or more each.
but as a rule, nobody can tell the officer of the court, to serve a warrant, much less a subpoena, or papers of a pending lawsuit -- on a specific day-as in next Monday
What ?? Civil suits are more likely than not served by U.S. mail, as based on Federal Rules of Civil Procedure, which nearly all jurisdiction closely follow.
in saying this, i take for granted you reside in a different state from your accuser... some judges exercise power to serve a defendant immediately
Which probably means it will be in Federal court, which means the FRCP will be used.
i once served a peace warrant within the hour, but have seen 5 days transpire before a subpoena served which originated in another state
It would appear you're confusing Civil Procedure with Criminal Procedure. Two very different procedures.
to me, it really makes no sense that the "lawyer" advises you of the ambush date
Nearly ALL lawyers will send a demand letter before filing suit.
I too would take veiled threats by this person who looks as though he/she is operating without legal council with a grain of salt.
The first thing a lawyer does is verify how he/she will be paid. The second thing a lawyer does is determin who will pay. If the defendant doesn't have money, he will depend on th eplaintiff for the money.
On its face it looks like a case where a lawyer would advise hem/her to move on.
posted on February 4, 2004 03:45:47 PM new
You are being harassed and threatened by this individual. You have received a threat that a stranger will appear at your door allegedly to serve papers. I recommend that you seek a restrainting order to alert your local authorities to the possible necessity of protecting your welfare from a wacko.
What this person is up to borders on stalking. Reamond is giving you some very good advice for being on the defense. How about advice for going on the offense people?
posted on February 4, 2004 04:00:52 PM new
in my 8 years of selling on ebay-i have encountered threats from buyers who said they will take legal action against me:
-a canadian buyer blew up when he found out he overpaid shipping by one dollar(actually he was mad as the crackle glass vase is made in taiwan,not usa and i left the sticker on).
he said he is crossing the border from windsor to detroit to hire a us lawyer to sue me,he never did.
he continued on ebay to harrass me and others until ebay threw him out.
- a buyer from us army did not get his poster on time and threatened to fly down with his lawyer to take me to court,the poster is 13 dollars and he said he is so mad it does not matter how much it cost him.
he never show up with his lawyer
- last case was a woman lawyer (or she claimed she is a lawyer and signed her email such),she bot a goldplated jewelry from me and said since i have it listed under vintage jewelry and many vintage jewelry is 10k gold,not goldplated,she is going to sue me.
i just ignore her.
your case is nothing new,he is probably looking for some money,may be 20 bucks from you.
-sig file -------the lobster in the boiling pot of water who tries to prevent the others from climbing out.
posted on February 4, 2004 05:14:32 PM new
Thanks for the great advise. I know some of you have asked for the persons name and or ebay username and for the webpage that he put up on me but at this time I am not willing to give this guy any ammo. I do not want to posted anything about this guy that he may use against me if he does move forward. So far I have been able to not reveal any information about him to protect myself. Maybe sometime in the future if nothing happens I will post the information.
Again thanks for the great advise, I've been reading the board for over a year and I finally signed up just so that I can get your comments becuase they are all very good.
posted on February 4, 2004 06:31:34 PM new
Hi, this person is feeling pretty good that he can just say and do whatever he wants and pictures you in a corner cowering. If the statement made in the negative comment is true means it is true and that is fact. I would send a copy fo his correspondence to the Bar in his state, If he is an attorney he will be reprimanded for abuse of power, if he is not or works as a paralegal, is in lawschool, works for the court system, can seriously be fined, job suspension, and other penalties for citing law,and or statutes, which may not be applicable in your state. to dispense any kind of legal advise whithout being an attorney,who is an officer of the courts is against the law.
reenie
I don't get even....I get even better Jimmy Hoffa
posted on February 4, 2004 06:48:48 PM new
I think you need to do one more thing. I would download his website to a floppy or CD just in case he erases it before anyone else can see it. It is evidence.... I wish you good luck..
posted on February 4, 2004 08:16:18 PM new
Kind of an interesting thread to watch, as with all that have legal issues.
My husband is an attorney, yup law school grad, licensed in three states, and admitted before the US Supreme Court. Has practiced for 25 years as a trial lawyer.
I showed him this thread. He just kind of chuckled. "Everybody thinks they know the law. And 99% don't, but 90% think they do. As a lawyer, that's what keeps me making deposits to our joint checking account, Dear".
Have to admit the deposits are a heckuva lot more than I could imagine in my wildest dreams on eBay.
posted on February 4, 2004 08:30:00 PM new
Well,rollup yer sleeves and let the poster know what his options are,,,,,,Thank YOU for being a REAL Attorney At Law.
MY Powersellers logo.
Annnnnnd,,,,,,The beat goes on...yeah the beat goes on,,,,,
posted on February 4, 2004 08:37:46 PM new
I agree with stopwhining. This bidder is just blowing smoke and nothing will come of it. Karnac says that you are dealing with someone from Ohio(most likely Cincinnati), or possibly Maryland. Of course if it's a true a..hole then you do need to respond to the papers if they come. You should hope this happens as you will win big. You'll wind up making more than a year's worth of Ebay selling. You have done nothing wrong.
posted on February 4, 2004 08:57:05 PM new
to tammysue68,,,not sure what this means...would you clarify?
"Everybody thinks they know the law. And 99% don't, but 90% think they do. As a lawyer, that's what keeps me making deposits to our joint checking account. "
i dont mean the last part of the sentence, rather the first...
posted on February 5, 2004 02:19:10 AM new
How much was the item on ebay that the feedback was about? He's willing to spend $55,000 on a case? Sounds like a nutcase or Alan Funt of Candid Camera.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
posted on February 5, 2004 08:41:07 AM new
Why did you refund the money? Do you describe it wrong or was your buyer just picky. Did he complain about the product? Well you only 4 more days to wait. Remember keep us posted.
posted on February 5, 2004 08:48:56 AM new
auctionACE-
can i sell you a piece of swampland i inherited from my great aunt??
this guy is a cyber ambulance chaser.
-sig file -------the lobster in the boiling pot of water who tries to prevent the others from climbing out.
He returned the chess game to me he said he was not happy with it. So I gave him back his money. And gave him a neg with it. And there is where the sued comes in. The product was as described, he claimed that the game was defective, but it is not. After he played with it he said that it got dirty and he should not have to clean it right away.
The other reason I gave him a full refund was to get him out of my hair but that did not work out as you can tell from the this posting.
I gave him a full refund even though my EOA states that I do not refund shipping but to get him out of my hair I gave him everything back and still he was not happy.
posted on February 5, 2004 12:51:33 PM new
Not going to help you here, but perhaps another reason not to leave negative feedback first. If you were willing to make a full refund on a product that was as described to get him out of your hair, why on earth would you leave a neg?
posted on February 5, 2004 01:27:22 PM new
I used to work for an attorney here in Portland who used to be the President of the Oregon Trial Lawyers Association. Though i cannot give you legal advise, I can give you my opinion.
I don't think you have a thing to worry about. You stated a fact based on your own personal experience. This in no way means that the person you conducted business with will be difficult for others. It was only based in the realm of this particular transaction.
The biggest issue he/she would have to prove is that the purported "defamation" caused him/her monetary damages. Something that is impossible to prove considering we all get negs every once in awhile and it has never caused any of us financial damage. There is no way to measure that except under their opinion.
Just cease all communication with the bidder and move on. If you get served documents, let us know.
This topic is 7 pages long: 1new2new3new4new5new6new7new
Since no one knows the name of this guy's business by the feedback, what harm did he do to him really? His feedback was actually quite mild compared to some I've read that include the words thief, crook, etc. Besides, this is Wednesday. How can he possibly be served with papers by Monday? Unless he lives where the courts aren't already bogged down. Around here it takes forever. I still wouldn't worry about it. IFWM, I'd document everything and keep copies of everything just in case, but I wouldn't bite my fingernails down to the skin.
