posted on February 5, 2004 01:36:46 PM new
I wouldn't lose any sleep over it anyway. The buyer is so nutty that he is showing all of his cards. The buyer justs wants to make you feel fright as the result of his emails. And it's working.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
posted on February 5, 2004 03:01:14 PM new
Thanks again for the advise guys & gals. I have stopped communicating with the person since. The last email that I send him was on Sunday, and that email, I asked him to not ever email me again. He did another harrasing email. We will see he put a deadline of tonight at 10:00pm. If I did not remove the neg feedback then he claimed he was moving forward with the lawsuit.
posted on February 5, 2004 03:05:02 PM new
personally, i would tell him to go ##** himself and use his four books to clean up the mess. i would then block him as a bidder and block his email. and move on with my life.
So your buyer knows the law, huh? Well, apparently he doesn't know eBay rules, which if I am not mistaken note that feedback cannot, repeat cannot, be removed (unless it's a Square Trade? negotiated one).
I would be much surprised if you get served with anything on Monday or any other day. Of course, I've been wrong before -- hope this isn't one of 'em.
posted on February 5, 2004 06:29:15 PM new
NEWS FLASH!!!!!! I hope your "ATTORNEY" is NOT reading this board and I will assume such. I just got a packet from the JUSTICE DEPT. State of California. 22 pages. They don't take sides they would like a response within 30 days. You guessed it,,,,,FEED BACK!!! Actually I am laughing. This idiot is in NEW YORK and yup he did contact them and the State did send me papers. I'll give them a quick call in the morning and explain and forward their letter back hi lite marked on HIS complaint. Leaves NEGATIVE feed back and THEN expects a FULL refund from me? NO way in H,,,,,,,,,Remove the feed back ya cheap skate and THEN you get a 100% refund,,,including!!!!!! the friggin' SHIPPING!!!!!! $35.00. The reason I said I HOPE he is NOT reading it is because it's just MORE waste of time with the Gov. for something you have DONE nothing wrong....Now you have to waste your time responding to THEM......I e mailed the idiot and said,,,,,NOW reverse that D.O.J. complaint along with the Squaretrade AND the e bay FRAUD????? complaint! till then you get Nadda, ZIP! Nothin'. THis WAS another perfect example of your e bay NON readers......click a simple button,,,,buy and THEN snievel.
MY Powersellers logo.
Annnnnnd,,,,,,The beat goes on...yeah the beat goes on,,,,,
posted on February 5, 2004 09:06:58 PM new
--myoldtoy-- I guess the point of my post, and the one I believe my husband was making, is that here, and elsewhere, you can read all kinds of amateur "legal opinions". That's all they are. But, they are ofter misleading, incorrect, and, from, a legal standpoint, plain wrong. And, often lawyers are called to correct and remedy, if possible, the plight of misguided folks who received bad "advice" from a friend or relative who though they knew the law. And it takes more time and $$$ to correct a bad situation than if they had good legal advice, from a licensed attorney, to begin with.
If I had an heart problem, just dont' think I would consult this board. Would see a licensed cardioligist. If I have a legal problem, I would consult a licensed attorney. Errr...he had better not bill me.
posted on February 5, 2004 11:41:43 PM new
Chessguy...Real lawyers don't create web pages to publicize derogatory remarks about opponents in pending or contemplated litigation. In some states such a practice could jeopardize their license. The guy you're dealing with is a phoney, so don't lose any more sleep over him. If I were in your shoes, I would take a piece of redwood 6" high, 12" wide and 1" deep, engrave a copy of your negative feedback on it, Fedex it to him overnight and include step by step instructions with it on where he could shove it. The fact of the matter is, he , or anyone else, would be hard pressed to fine an attorney who would take a libel case unless he put up the full 55 grand as a retainer. Libel cases are just too hard to win and there is usually just enough truth in the alleged libelous comment to sink the case. Good attorneys want accident cases, sexual harrassment cases, or similar which are easy money. If libel cases were attractive to attorneys, there would be no more supermarket tabloids to read while you're standing in line at the checkout. They would all be bankrupt by now and the only think left to read would be the womens magazines that tell hou to lose 24 pounds in 10 days with a popcorn and beer diet or how to improve your sex life with jalapeno meatloaf recipes. Don't let him get under your skin. He's a phoney hiding behind a computer monitor trying to convince you that he's a badass dude.
The light at the end of the tunnel will turn out to be an oncoming train.
posted on February 6, 2004 04:17:00 AM new
Chessguy-did he say he was suing you, or did he serve you with the Complaint from court.
a.--no lawyer would take this case.
b.--if the feedback here is what it says this is not defamation. (Technically its libel).
c.--call the court where this person claims and see if its in fact actually filed. Maybe he's playing you. It costs a pretty penny to file this stuff.
d.--if its in small claims, call pro se (no attorney)and tell them you live in a different state(it will get kicked out for a lack of jurisdiction, hopefully), or they will tell you to write a letter to the judge. When you do that, explain also that this, by definition does not fall into defamation and therefore must be dismissed, "for failure to state a claim".
e. Getting sued is upsetting, but this shouldn't be too hard to deal with.
As always, please see a lawyer if you need legal advice!
posted on February 6, 2004 04:39:45 AM new
You are not being sued until he serves papers. Don't spend another second worrying about this until that happens. What this bully wants to do is make you mad and upset you. His demeanor vilifies your feedback. Stay upset he wins. Respond to him and he gets what he wants i.e. he knows you are upset.
You haven’t mentioned your proximity. Does he live nearby?
posted on February 6, 2004 05:59:53 AM new
UPDATE -- I received a fax from this clown last night with the same stuff that he had put in the email he emailed me on Sunday. I did not respond to his email so he figured that he needed to fax me the threat. I am still not responding.
I live in Texas he lives in the north east part of the country.
We will see what comes in on Monday. He is now changing his suit from deframation to using the trot law or something like that.
Anyhow I am taking the advise of most of you hear and not worry about it until I see something in writing from his lawyer or the court.
I did hear from ebay, and as usual they did nothing. They said since the emails did not go thru there server they could not do anything about it. Some system...
posted on February 6, 2004 07:20:40 AM new
dont respond to anything he faxed or emailed you,he will get tired and move on to his next target.
question-did you really sell him a chess set in mint condition??
-sig file -------the lobster in the boiling pot of water who tries to prevent the others from climbing out.
posted on February 6, 2004 08:17:12 AM new
Have you tried contacting his local police and filing a harassment charge against him? Since it is a different state, perhaps you should even call your local FBI office and see if there is anything they can do as well. Probably not, but this seems more like stalking now with the emails, fax, website, etc.
posted on February 6, 2004 08:46:16 AM new
Yes it was a new chess game in foil. When he send it back to me it was not only dirty but also the top which was glass, was broken as well.
posted on February 6, 2004 09:04:04 AM new
First, you should be extremely carefull in any correspondence with this person, you are not obligated to respond. Secondly you can not remove negative feedback under eBay rules without using a third party. Thirdly, to prove defamation one must prove intent, and than prove any damages actually received. A very time consuming suit, unless he is a lawyer who has nothing better than to pursue a very time consuming suit, this type of suit is only pursued in large damage cases because of the cost.
posted on February 7, 2004 03:40:40 AM new
Yeah! How the HELL did this clown get your Fax#?? Hmmm--AND where is the LINK to this web page you have mentioned that this kook has--Another poster asked you for the web addy--Either I missed it or you have not posted it--
Am I missing something here??
posted on February 7, 2004 05:17:33 AM new
A lot of sellers have their telephone and fax numbers in their email form letters correspondence with their buyers.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
posted on February 7, 2004 06:25:50 AM new
hello tammysue
...i dont dispute your husband's quantification[i actually thought the two percentages were reversed]..that is why i asked you to clarify..
..thru all these threads, there are 2 salient thoughts..dont ignore a service, and dont crawl down into the ditch and throw mud..that is not amaturish, just common sense.
posted on February 7, 2004 06:25:58 AM new
He got my fax number from my website. I have not posted the link to the websites because I do not want to give out any info on this guy. I don't want to give him any thing that he can use against me, and if I give out his username and or website this may come back and hurt me in the future. If he does sue me.
posted on February 7, 2004 10:54:03 PM newIf you are served, you better pay attention or he can win by default.
Does anyone really think he will get served. One thing that has not been mentioned here is if you are served, it must be done from a court in your own county. There is no way this idiot is going to travel thousands of miles for this.
Another thing that chessguy made was refunding the money in the first place. You sent a new item and it came back in unsaleable condition. Although, one does have to wonder if the item really went out in new condition. We haven't heard the other side of the story.
posted on February 8, 2004 07:21:07 AM new
I think you can check to see if he has written any books. Go to Barnes and Noble Out of print books and see if they have any on hand.
chessguy. It has probably been a long and trying week for you and since today is Sunday try and relax. Maybe a beer or two or maybe just a Pepsi but try and enjoy your day.
posted on February 8, 2004 08:07:18 AM newOne thing that has not been mentioned here is if you are served, it must be done from a court in your own county
There is no Federal court in my county, does that mean I can never be served ?? LOL !!!
Service for a civil matter can and usually is done by US mail. In a Federal case, such as when the opponents are from different states, someone is going to be brought into a Federal court not in their state, and for that matter it can be across the country. In some civil case circumstances you can be brought into State court in a state that you do not live in.
Now I could go into personal jurisdiction issues and how to determine if you're amenable to an action in another state, but it seems that many are having severe problems grasping the simple issue of service of process. Personal jurisdiction can be even more complicated.
In any event, service of process can be done by the US mail.
posted on February 8, 2004 06:59:14 PM new
The idiot who is tring to sue, is all bluff. He must prove(burden of doubt is on him)that he lost something and was damaged. Reputation and or money. Surely Ebay has heard this kind of creep before. There must of been a reason to leave neg feedback, if within the rules ignore and flag his vampire rear.
posted on February 8, 2004 07:03:59 PM new
Just a thought; You haven't been sued until you have been served papers. Up til then this is all BS, to intimidate you. I wouldn't get too worried about this North bound end of a South bound mule
posted on February 8, 2004 07:11:00 PM new
Hi all,
I agree with Sanmar and the others who basically are saying you don't need to be concerned until you are served with something. Anything before that is just conjecture.
If you do get served w/papers that's the time to do something. My recommendation would be contact an attorney in your state who is familiar with the laws of the other guy's state. He or she would know the laws that pertain and will be able to advise you on how to proceed.
Until then, just pour yourself a nice glass of Two-Buck-Chuck and relax!
posted on February 8, 2004 08:07:31 PM new
Sometimes sellers get served papers on ebay items selling for as low as a buck just because they lost their temper and went wild on a feedback and/or followup feedback comment. Maybe the buyers are reacting on principal or have a relative that can do the paperwork of filling for them.
Seems a shame to have to retain an expensive lawyer but that may be a life lesson I suppose.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
posted on February 8, 2004 10:11:52 PM new
The legal "advice" rendered here goes from laughable to more laughable. I have yet to hear from anyone who is a practicing attorney, admitted to a bar, in good standing. Got one? I live with one.
This is a funny thread.
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