Familiar Story....

What is the name of your state? Washington

I am being threatened with a lawsuit for libel. I purchased two items on ebay in November, the seller never sent them. After multiple emails back and forth and promises of a refund (I paid cash through Paypal) and reshipment of the items, both of which never happened. I requested copies of the postage reciepts, returned package labels, ANY proof that he had mailed the items to me, and he refused to provide anything. After two and a half months and STILL no results from the seller, I left negative feedback for him. I called him a liar and a thief, and now he is threatening to sue me for libel.

Last time I checked the "libelous statement" had to be UNTRUEto hold up in court! The seller intends to fly to MY state to file the lawsuit and have a trial, and then as he has stated ask the Judge to include in his judgement against me reimbursement for his travel expenses, as well as his filing fees, etc.

I have searched the Revised Code Of Washington and I can't even determine if he can actually FILE a libel suit in small claims court, like he says he is in the process of doing.

I am pretty sure this guy is blowing hot air....he has stated that he has flown from his home state to two OTHER states to file similar suits. His feedback profile is chock full of people who have left the same feedback that I have....they won the auction, they paid for it and they NEVER got anything except negative feedback from the seller.

Ebay does nothing, the buyer sweet talked me past the 30 filing deadline with Paypal, so they won't do anything. I have filed a complaint with the UPSP Postal Inspector and with the National Fraud Center, but have not heard anything.

As I said, I think this guy is just blowing hot air, but I refuse to be taken off guard with him filing papers so I am researching how to take care of such a suit. I also refuse to let this man intimidate me. He has a pretty good scheme going on ebay where he nickel and dimes his way through these buyers who don't do anything to him but leave negative feedback. He pockets their money and gets his jollies from leaving negative feedback for them and that's the end of it.

Anyway, do you think this guy has a leg to stand on as far as the libel claim?

Can you file a libel suit in small claims court in washington state?

What kind of monetary "damages" can he ask for against me?

What kind of damages can I ask in return?

Thanks for the help!

Anyway, do you think this guy has a leg to stand on as far as the libel claim?

No.

Can you file a libel suit in small claims court in washington state?

No. Washington only allows cases for actual monetary losses.

What kind of monetary "damages" can he ask for against me?

Depends on what "losses" he feels he suffered. Travel expenses will be not be given. Court costs will be granted if he was to win.

What kind of damages can I ask in return?

You could sue him (in his state) for the amount you paid to him for the item you bought, plus court costs. How much are you willing to spend to attempt to get your money back?

The simple fact is this guy is blowing you a lot of smoke. I would suggest blocking his email address and not communicating with him again.

Thanks!

Thanks Racer 72....I appreciate you taking the time to answer my questions.

My fear is that even though he does not have a "leg to stand on" as far as this libel suit, that he will still serve me with papers and attempt to take me to court.

I can't imagine a Judge will be to pleased for this man to step in front of him with this "frivolous" law suit.

The seller DID actually refund my money just YESTERDAY! Wonder what compelled him to do that? He did this only after my opeing a complaint about him with Square Trade. He claims that I opened the Square Trade compaint ONLY after he told me he was going to sue me.

Truth is, I opened it because the day before yesterday I discovered that Square trade does in fact offer a FREE service for dispute resolution, one that does not involve a paid mediator.
I stated that I would not pay for the mediator, as I had already lost $12 on the deal.

So, I guess he can blow all the smoke he wants, but I feel like I still need to be prepared for papers to be served and a trial, because I refused to let this jerk catch me off guard and take advantage of me a second time. So, in a way, he HAS won because he is upsetting me and using up my time preparing for this.

Do you think it is a wise idea to block his emails?

Re: Thanks!

Anini said:

So, I guess he can blow all the smoke he wants, but I feel like I still need to be prepared for papers to be served and a trial, because I refused to let this jerk catch me off guard and take advantage of me a second time. So, in a way, he HAS won because he is upsetting me and using up my time preparing for this.

Do you think it is a wise idea to block his emails?

Click to expand...

I'd be happy if he served papers.

Although it's a bit of a waste of time, you should actually have fun watching the judge dismantle him piece by piece...

In regards to blocking his emails, I'd actually not do so and hold on to them to bring to court if he actually does go through with it to show a pattern of harrassment. Besides, reading them should provide some good entertainment.

No need to stress, just laugh at the guy

Oh yeah, don't forget to write him up at www.ebayersthatsuck.com