buyer of ebay auction attempting to sue, help!

What is the name of your state? Washington


ok, i had an auction up for a wii console box, just the box, i made no mention of a console in the description. buyer bids on it, sends me the money, i ship the item in question.

buyer wants a refund, he fails to get it to me in 7 days per the return policy, files a paypal claim cause of it, paypal
gives him my mailing address, and he ships again, and says i refused to pick up at post office. thing is, i never got any slips saying the package was waiting for me, and now he wants to sue me in small claims, and says he wants me thrown in jail if he cant get ny money from me in court.

does this guy have a case? what should i do?

Paypal is not your friend

Without knowing the auction number i cant say alot but i will tell you that he can file a complaint through paypal and if he wins paypal will be a pain in the A$$. If he shipped it back to you and has proof he shipped it it and can prove to PP, then more than likely they will side with him.
However even so the most that would happen would be that they would credit him the amount of the transaction from your account. AS for him taking you to court if he lives in your state it may be possible but if not i don't think he would spend any amount of money to come to your hometown to make a case against you.
I would ask fro a tracking number to show were he shipped it back to you, that will prove if he indeed shipped it or not.
AS for the 7 day return privy, that don't amount to much as for it being a standing rule as it could take seven days or more for a simple letter to get across the USA at times.
Best of luck from a fellow ebayer, and to think i came on here for custody issues.

well the buyer lives in the same state as i do, and he knows what the auction was.

he is refusing to reship it since it was returned to him according to the tracking number. thing is i nevr had a clue that it was waiting for me at the post office, and i know what those slips look like as well.

Sounds to me like maybe you defrauded this guy. You sold him a box. Mind if I ask for how much?

He can sue you in small claims or in regular court. If I were the judge, I'd order you to pay the full refund, plus any shipping costs he incurred, plus, if this were done in regular court, I'd assess you for court costs and his reasonable attorney fees.

yeah why in the world were you actioning off a box?

VeronicaLodge said:

yeah why in the world were you actioning off a box?

Click to expand...

Because there are a lot of suckers out there that think they are getting a good deal on a complete system, not an empty box.

badapple40 said:

if this were done in regular court, I'd assess you for court costs and his reasonable attorney fees.

Click to expand...

Fortunately for the buyer, if he chooses to sue in Washington, can ask for and receive court costs and reasonable attorney consultation fees in small claims court.

OP, where do you live in Washington? As a long time seller on Ebay, pukes like you make me sick. I sure hope the buyer sues and wins.

ok, just calm down here. i was selling just the box, my auction stated that. i know there ARE some people who collect stuff like that, the same way ppl collect everything with the harley davidson logo on it, etc.

uh yeah there are collectors of wii boxes, right. hey, i need a bridge, do you have one to sell me?

ok, just calm down here. i was selling just the box, my auction stated that. i know there ARE some people who collect stuff like that, the same way ppl collect everything with the harley davidson logo on it, etc.

Click to expand...

I don't think you will find a judge or jury anywhere who will believe this. What they will believe is you relied on the fact people are casual readers of offers and would think they were getting a Wii. I'm sure your listing expressly stated something to the effect that you were selling the box only. I've seen such listings on E-bay. Good for you telling the truth! At best, it may keep you out of jail for fraud.

However, I bet money the buyer did not feel that was the deal. Because there was not a meeting of the minds, there is no valid contract. The main remedy for this is to put the parties back to where they were. Pay the man his money and he will return the box.

If you force him to sue you for what you owe him, you will get a judgment against you which will hurt your credit for years. Also, as some have mentioned, you may have additional costs depending on where the suit originates.

carpetshark42 said:

well the buyer lives in the same state as i do, and he knows what the auction was.

he is refusing to reship it since it was returned to him according to the tracking number. thing is i nevr had a clue that it was waiting for me at the post office, and i know what those slips look like as well.

Click to expand...

If he sues you, it will come down to whether or not the buyer reasonably should have known that he was bidding on just a box. If the auction appears deceitful, then most likely you will lose.

it was a legit auction


also, he is refusing to resend the package unless he gets a refund 1st, it doesnt wrk that way in the real world

ok, good luck with that, let us know how it turns out for you

Update

ok, seems that paypal decided in his favor, they are saying i never responded to the claim, so they credited the sellers account for the amount of the auction plus, he has the package still!

and he still plans on taking me to small claims? um, shouldnt it be one or the other, not both?

Hahaha, no. And if you weren't so busy trying to scam this guy and actually read the replies here, you'd have known that. Enjoy court! Judges aren't nearly as nice as Paypal is.