• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ebay seller threatened to sue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Alex15

Junior Member
What is the name of your state (only U.S. law)? Ny

A few weeks ago an eBay seller from NC who I've recently purchased an item. The item did not live up to expectations, it was badly damaged so I opened an eBay case. Few minutes later the seller refunded the money (mind you the seller was supposed to wait so i can return the item first, or they would not be protected by paypal) so he said I better send the item back or will get sued. anyways I did not make it a big deal i sent it back with tracking, now he is saying that the item arrived in an "empty box" and that he will sue.


Im not familiar with whether he can do this. My question is if he does sue, I presume it is small court claim and if it is what is the procedure like? is it in NY or do I have to travel to NC? Also is he trying to scare me, what are the chances of the sue? Lastly if I sent it out with just delivery confirmation (no insurance) can he make that claim?

How can I show that there was exactly the phone inside. I'm guessing photographs, how much the box weighed, etc. please any help would be appreciated- thanks.

EDIT: since he did not follow EBAY procedures about me shipping item first then i get a refund, would they take that into consideration. Did I even have an "obligation" to send the item back? Because I feel like I now screwed myself over
 
Last edited:


OHRoadwarrior

Senior Member
You did have an obligation to return the item. Whenever dealing with an issue like this, taking the item to a packing store is a good idea. They then witness the item they are packaging. Do you have a shipping receipt indicating the weight of "empty" box?
 

Alex15

Junior Member
Unfortunately no..and what do you mean by a packing store? Like who?

And is there any other way around this?
 

tranquility

Senior Member
How did you send it back?

Quite frankly, there would be plenty of proof in the records as to if the item was stolen along the way--even with the post office. Also, since this can be proven with the tracking, I suspect it was not stolen along the way. I think this question is silly and the OP is trying to be too clever by half. I may be wrong, but the records are out there. If appropriate to the story, the OP wins. If the OP does not want to go through the effort to prove them up...loses.
 

xylene

Senior Member
Have you been sued?

This sounds like eBay trash-talk.

Meaningless. If sued, this idiot still has to collect
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top