Suing For Negative Feedback A Profitable Activity?

[BelizeBreeze]

Is it possible to find out how many other lawsuits the seller has filed in the past year for this same thing? Aren't lawsuits public record?

Yes they are public record. IF they were brought to trial. And IF you know the name of the company, the state in which they were files and the city in which they were filed.

 

[oaktree99]

I know the company, state, and city. I suspect that there are more of the same filed in the same court. I think the way this works is that a settlement is made, and none of these go to trial. Is there a record or information I can find if the lawsuits are settled out of court?

 

[BelizeBreeze]

I know the company, state, and city. I suspect that there are more of the same filed in the same court. I think the way this works is that a settlement is made, and none of these go to trial. Is there a record or information I can find if the lawsuits are settled out of court?

No. If such were settled out of court then that's private information not public.

 

[jdmba]

Well Racer72 answered your question from a legal standpoint. The seller would have to sue you in Texas. That's probably why the "attorney" tried to get you to settle...hoping you wouldn't know that information. He can't file in PA and you have you go there. That wouldn't make sense.

Why do you think PA lacks jurisdiction? I'm not sure yet whether I agree with you. What's the basis of your conclusion?

 

[BelizeBreeze]

Well Racer72 answered your question from a legal standpoint. The seller would have to sue you in Texas. That's probably why the "attorney" tried to get you to settle...hoping you wouldn't know that information. He can't file in PA and you have you go there. That wouldn't make sense.

The suit will need to be filed in the state where the transaction took place. The significant contact rule in this case isn't a factor since the poster has done business with the firm located in PA.

 

[oaktree99]

I'm getting a little lost here. BB, are you disagreeing with Racer72's statement, "From a legal standpoint, you can tell the guy to go pack sand. Unless he plans on domesticating the judgment in Texas, his out of state judgment is worthless."?

 

[BelizeBreeze]

I'm getting a little lost here. BB, are you disagreeing with Racer72's statement, "From a legal standpoint, you can tell the guy to go pack sand. Unless he plans on domesticating the judgment in Texas, his out of state judgment is worthless."?

No I am not disagreeing. Simply put, if you plan on NOT defaulting on the summons then you need to go to PA to defend his allegations. If you do not, he will be awarded a default judgement which yes, he will need to domesticate in Texas for a judgement lien to be valid. It's a very simple process and one that, if you force him to do, will add legal fees and costs to his recovery.

 

[oaktree99]

First of all, let me say, I really appreciate the comments given by all. This whole thing is like a foreign language to me. I copied the last comment below, mainly because there are too many if and nots for my little brain to compute. Its good that BB and racer are in sync. You guys sound like you know a lot about this. There is another person dal702, who seems to know a lot about this stuff too.

BB says:
"No I am not disagreeing. Simply put, if you plan on NOT defaulting on the summons then you need to go to PA to defend his allegations. If you do not, he will be awarded a default judgement which yes, he will need to domesticate in Texas for a judgement lien to be valid. It's a very simple process and one that, if you force him to do, will add legal fees and costs to his recovery."

I am really wondering what my strategy should be. Help.

I have contacted the court, as instructed by the summons. Meanwhile, I am having some discussions with the seller's attorney. Our discussions have gone like this. The attorney seems aware that he has no case, can not even name anything false about any statement I have made. His point seems to be it will cost me to try to defend myself. The question seems to be, how tough will I be, and how far will I take this.

The wisdom of giving negative feedback did come up in our conversation, but we both agree that I'm not being sued for being stupid.

BB, what should my strategy be? It sounds like you are saying I could let this case default. The seller would be awarded a default judgment, which would be worthless. The seller would then have to domesticate in Texas, meaning file a lawsuit in Texas, for a judgment lien to be valid.

If that's the case, this is a bull**** lawsuit, and the attorney knows it. If that's the case you would think the PA court would have a low tolerance for this kind of thing.

BB, if you saw my actual feedback, the seller's reply, and my followup, I think you would see what a bull**** lawsuit this really is.

I don't want to jump to conclusions. This thing looks like a moving target to me. What should my strategy be?

 

[BelizeBreeze]

First of all, let me say, I really appreciate the comments given by all. This whole thing is like a foreign language to me. I copied the last comment below, mainly because there are too many if and nots for my little brain to compute. Its good that BB and racer are in sync. You guys sound like you know a lot about this. There is another person dal702, who seems to know a lot about this stuff too.

BB says:
"No I am not disagreeing. Simply put, if you plan on NOT defaulting on the summons then you need to go to PA to defend his allegations. If you do not, he will be awarded a default judgement which yes, he will need to domesticate in Texas for a judgement lien to be valid. It's a very simple process and one that, if you force him to do, will add legal fees and costs to his recovery."

I am really wondering what my strategy should be. Help.

I have contacted the court, as instructed by the summons. Meanwhile, I am having some discussions with the seller's attorney. Our discussions have gone like this. The attorney seems aware that he has no case, can not even name anything false about any statement I have made. His point seems to be it will cost me to try to defend myself. The question seems to be, how tough will I be, and how far will I take this.

The wisdom of giving negative feedback did come up in our conversation, but we both agree that I'm not being sued for being stupid.

BB, what should my strategy be? It sounds like you are saying I could let this case default. The seller would be awarded a default judgment, which would be worthless. The seller would then have to domesticate in Texas, meaning file a lawsuit in Texas, for a judgment lien to be valid.

If that's the case, this is a bull**** lawsuit, and the attorney knows it. If that's the case you would think the PA court would have a low tolerance for this kind of thing.

BB, if you saw my actual feedback, the seller's reply, and my followup, I think you would see what a bull**** lawsuit this really is.

I don't want to jump to conclusions. This thing looks like a moving target to me. What should my strategy be?

No one here can give you a strategy to follow. That would be representation and that is not allowed. you have never said whether or not you have received a summons for a lawsuit that was actually filed. if / when you do simply answer "Defendent denies all assertions"

Then, if you proceed to trial, file a motion to dismiss due to plaintiff not asserting a claim for which compensation is allowed.

 

[oaktree99]

Thanks very much. I understand, you are telling me all that you are able.

I'm not clear on legal language, so that's why I'm not using terms clearly and correctly.

A lawsuit was filed. I received a civil hearing notice from the court, with a civil complaint attached. It has a hearing date several months from now. I think this is what you are referring to as a summons, correct? It says to contact the court about my intentions, and to respond in writing also.

I have contacted the court by phone. I did let them know that I live in Texas, never been to PA, and that the transaction was for about $20, plus shipping, that I was being put over a barrel for the cost of defense. They suggested I try to clear this up with the seller's attorney, and to get back with them if I can't.

 

[IrishNodak]

I'm not as wise as some of the experts but I have a few questions.

1. How do you know the guy you are speaking with IS an attorney and not the actual seller or friend? I realize you got an actual letter/summons but that is different. Have you been calling an actual law office to a number that is listed?

2. When you say, "ebay was no help", what exactly do you mean? How hard did you try? Seems to me this sets a very dangerous precedent and falls under feedback extortion as well. It can hurt the ebay business. Have you posted about this on the ebay message boards? They have some "experts" there as well that would be helpful and want to know about this. I had someone try to scare me once too and threatened to sue over neg fb.

3. BB...when you say "domesticate" the judgement in Texas you mean collect right? So IF the guy could win a judgement in PA he could collect in Texas via garnishment etc...? Or does he need to do something more complicated?

As others said we can't tell you what to do but I would fight this guy with everything I had. I just don't see a case and this is just wrong! If everything you said is fact and you can prove it then you did nothing wrong IMO.

 

[oaktree99]

1. I called the attorney, his number listed on the summons. I also looked up the attorney on the internet.

2. I have e-mailed several departments at ebay with detailed explanations, including Trust and Safety. I have not posted on ebay message boards about this. You can probably tell, I am being pretty careful about what I say. I really am trying not to slander the seller. You bet, this kind of thing hurts ebay. They say they have checked into my concerns. Their replies are canned comments, showing they really aren't thinking this through. I can't believe they even looked at the sellers feedback. That alone is telling.

3. BB>

Yeah, everything about this feels wrong. The additional charges I cautioned in my feedback about, the seller e-mailed me an invoice for them, which I kept.

 

[Qtip]

oaktree: I am curious to know if you had researched the seller's attorney's background, like has he been disciplined before, how many complaints have been filed against him, etc....

 

[BelizeBreeze]

A lawsuit was filed. I received a civil hearing notice from the court, with a civil complaint attached. It has a hearing date several months from now. I think this is what you are referring to as a summons, correct? It says to contact the court about my intentions, and to respond in writing also.

Correct. So you have a copy of what was filed and you need to file an answer. Therefore you answer each and every statement in the petition with "Defendent denies Plaintiff's assertion."

There should also be a statement in the petition that states Pennsylvania courts have jurisdiction. Your answer should be that you deny jurisdiction as you have had no significant contact to the state and deny personal jurisdiction

I have contacted the court by phone. I did let them know that I live in Texas, never been to PA, and that the transaction was for about $20, plus shipping, that I was being put over a barrel for the cost of defense. They suggested I try to clear this up with the seller's attorney, and to get back with them if I can't.

What exactly does the petition or summons say you are being sued for?

 

[oaktree99]

I looked the attorney up on the internet. Much to my surprise, he looks reputable, and involved with a number of things, although, pretty early in his career. How do you research for things like complaints against him?

The civil complaint says: Defendant intentionally and knowingly posted false statements about the Plaintiff on E-bay. As a direct consequence thereof, Plaintiff's business has been detrimentally affected.