• 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.

Online Transaction Custom Costume made for someone.

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

cha0ticbrah

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

New Jersey, here is the story this was done online transaction through paypal.
Little information, I was the seller he is the buyer. The seller is from Ohio, I was making a custom Spider-Man Costume for this guy. Its a very long post so bare with me if you need anything to be explained let me know.

He came to me a few months ago asking for a suit, he asked for a payment plan. I agreed and allowed him to go on it and even told him I would start the suit without the full amount which I don't normally do. He sends me the first amount, some time after he says he did not get paid or did not get paid his full amount something to that effect. I told him don't worry about it let it slide, I stayed quiet and then november came and this is when I got attacked with bear mace and robbed by 2 guys. I told him the process is set back because of that. December comes and I ask him a piece of the remaining amount as I was having some car issues and needed it, he blew up on me because he was stressed out and strapped for money because it was december and I told him don't worry about it I understand pay me when you can.
Fast forward to early january, he ask to see the suit and I told him when I get home from the post office I would fast foward to a few hours later I send him pictures and he claims its not his suit because its not detailed and I told him I did not finish that yet. So he goes on a rant I'm a liar I never got attacked I'm full of **** , scammer and fraud because he made up in his head its not his costume but I shut down the claims with proof that its his with more pictures, proof that I did get attacked by showing the 911 phone calls and burn marks from the night of the attack. I have offered to show him the police report and have the officers who were in charge of the case that night to swear on video.He ignored it and told me to finish it,
A week in a half in I show him some progress and he claims again I'm a fraud and scammer and that its not his costume the spider color is wrong because I showed him a red spider(the back) then a black spider (Front) and he did not know the back spider of Amazing Spider-man 1 is I told him give me 3 weeks. Once the time a Week or so later past I had gotten set back do to my family, and I told Mick I said Mick I'm gonna have it done by next week and he agreed to it.
Next week comes I show him the finished product I believe Friday night or saturday and a Week goes on to saturday/sunday and he tells me I passed the deadline.( The next week deadline he agreed to) And that I'm a liar, scammer and fraud again. But I had the suit in my hand I had shown him pictures and videos of the suit yet I was still a liar scammer and fraud. Now this is the same person that told me to send it and if he likes it he'll pay me the rest or before that he had a dispute open with Paypal and told me he was going to hold the dispute open he would drop it and pay me the remaining amount if he liked the suit. But somehow I'm a scammer, that sounds fishy to me. I told him I will send it out once you send the remaining amount because there is no proof you're going to send it afterwards and he went on how I'm the scammer again. HE wanted me to send him the money back, and send him the costume and if he "likes" it he'll give me the money back and pay the remaining amount of $200
Fast forward I get threatened by him hes going to sue me etc etc.. Based on me being a liar, scammer and fraud which one again makes no sense because I showed him his costume and had it sitting here.
Fast forward to this week he claims hes spoken to his lawyer, bank and paypal and he's going to see me and has the evidence and case in his favor.
I just called paypal and they have told me has not contacted them what so ever so that's another lie.

Which yet again I have had his suit, and my claim of getting attacked I have proof as well. He sends me a message I respond and then blocks me before I can say anything about his refund I email him and message him from another account and no answer. He claims I am a liar and a fraud, and a scammer but based off what? I have his costume with proof its in my hand and waiting for him and proof I am trying to comply.
Fast forward to today my girlfriends heads on to my facebook page and sees his review that I blocked him and stole his money, which you can see I commented from another account he turned to being rude and calling me a douche bag, a ****ing dumbass, cursing at me and telling me no one gives a **** about my attack that set me back. He blocks my other account , but in that process I have posted the screen shots that he indeed blocked me and I did not block him, I did try to reach out to him to give him his refund and he did not answer.

I want to know what could happen and is it possible he does have a case? I have all the messages showing everything, I have had the costume here and had shown him videos and pictures. I told him I could as well go to the police station to show him a copy of my police report.
Paypal as well told me just some advice on what the person would do, and was told it sounds like hes trying to bully me and get a free suit and his money. And if he does take it to the legal system to allow him to take it because I have proof of everything I still have the costume, I can get the report and that I tried complying with him on giving him the costume and then complying with him as well on his refund.
 


not2cleverRed

Obvious Observer
No real legal advice, but this guy sounds like a scammer.

I don't know of any online store that ships stuff without requiring payment first. It seems reasonable to expect payment in full + shipping. If he doesn't like it, he can return it and *then* complain. However, most people I've seen who do custom work explicitly state, "no refunds for custom [work]". After all, it is very difficult to resell custom orders; people pay EXTRA for orders made to their specifications, not for rejects.

I would not feed into his drama. Sane people, when looking at reviews, filter out the insane reviews. Even my 10 year old can look at Amazon reviews and discount the ones like you describe.

So long as you have the costume, ready to ship when he comes up with a payment, he has no legitimate right to complain.

Did you have anything in your agreement about returns? OR something about failure to fulfill the payment plan?
 

cha0ticbrah

Junior Member
I know it's drama but I just wanted to know if there really was anything for him to build off of for a case I was pretty sure there isn't but I don't know how the legal system works for something like this.

There was no agreements except I don't ship the suit out until the full amount is received.
 

quincy

Senior Member
I know it's drama but I just wanted to know if there really was anything for him to build off of for a case I was pretty sure there isn't but I don't know how the legal system works for something like this.

There was no agreements except I don't ship the suit out until the full amount is received.
If the agreement was that the suit would be shipped once payment was received in full, and you have not received full payment, he does not appear to have an argument to support any case against you.
 

not2cleverRed

Obvious Observer
He hasn't paid in full. You seemed to imply, in setting up the payment plan, that the agreement was that he completes his payments, and then you ship.

So long as he hasn't paid in full, and you have the costume, the reasonable choices are:
1) He makes the final payment and you ship it,
OR
2) You refund him his money and list the completed costume "for sale".

The problem with 1) is that he is going to still claim you are a fraud and scammer, and demand a refund without returning the costume. Or use the costume for a Con and try and return it for a full refund with some bogus complaint.

The problem with 2) is that if you list it for anything less than what you were going to sell it for originally, he is just enough of a turd to find a way to buy it... and still call you a scammer and fraud. So list it for as much, or higher. (Of you were clever, you could even include the story and get way more as a result - that seems to work for some people. Personally, I lack that skill.)

Give the dude a firm deadline to complete payment by, and then stick with it.

It would be better to suffer brief financial hardship by refunding him and selling the final product to someone else just to get this scammer out of your life. Face it, if the dude had any skill he'd be making his own costume, but he can't, and he doesn't respect your craft. He didn't have the money and lacked the discipline to save.
 

not2cleverRed

Obvious Observer
Rereading your original post... Did I read correctly? Does he really want you to refund what he's paid, send him the suit, and then "if he likes it" pay you?!
 

cha0ticbrah

Junior Member
If the agreement was that the suit would be shipped once payment was received in full, and you have not received full payment, he does not appear to have an argument to support any case against you.
That was it yes.

He hasn't paid in full. You seemed to imply, in setting up the payment plan, that the agreement was that he completes his payments, and then you ship.

So long as he hasn't paid in full, and you have the costume, the reasonable choices are:
1) He makes the final payment and you ship it,
OR
2) You refund him his money and list the completed costume "for sale".

The problem with 1) is that he is going to still claim you are a fraud and scammer, and demand a refund without returning the costume. Or use the costume for a Con and try and return it for a full refund with some bogus complaint.

The problem with 2) is that if you list it for anything less than what you were going to sell it for originally, he is just enough of a turd to find a way to buy it... and still call you a scammer and fraud. So list it for as much, or higher. (Of you were clever, you could even include the story and get way more as a result - that seems to work for some people. Personally, I lack that skill.)

Give the dude a firm deadline to complete payment by, and then stick with it.

It would be better to suffer brief financial hardship by refunding him and selling the final product to someone else just to get this scammer out of your life. Face it, if the dude had any skill he'd be making his own costume, but he can't, and he doesn't respect your craft. He didn't have the money and lacked the discipline to save.
My issue is with refunding him while I'm blocked by him is I don't want to send it and he then claims I didn't send it or he didn't get it or make up some story.

Rereading your original post... Did I read correctly? Does he really want you to refund what he's paid, send him the suit, and then "if he likes it" pay you?!
Yes he told me if he likes it he would pay the full amount
Then he said he would give the money he took back and if he likes it when he gets it he'll pay the remaining amount.
 

OHRoadwarrior

Senior Member
The most I see happening is a refund to him from Paypal for the amount he advanced. I would return that since you failed to complete your contract on time and sell the suit online.
 

cha0ticbrah

Junior Member
But I didn't fail when we agreed on the new time he said okay. Going by the new agreement I was on time. I want to refund him but he will not unblock me to allow me to talk to him and do it without him trying to do anything else.
 

quincy

Senior Member
But I didn't fail when we agreed on the new time he said okay. Going by the new agreement I was on time. I want to refund him but he will not unblock me to allow me to talk to him and do it without him trying to do anything else.
I think not2cleverRed outlined your options well. The other option I see for you is to do nothing and wait to see if the fellow in New Jersey sues you for a refund.

Depending on the money involved here, you could review the facts with an attorney in your area of Ohio, to see if s/he has advice that differs from what you have received here.
 

Find the Right Lawyer for Your Legal Issue!

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