Being sued, some questions

[Propigskin]

What is the name of your state? CA

I am being sued by the seller of a transaction on ebay. I was sent damaged goods and the seller did not want to help me so I filed a chargeback. The chargeback is not final yet, i told the seller we needed to wait or I would cancel the chargeback, pay him the value for the damaged goods and he could recover the rest from the insurance on the package. After my partial payment and the insurance it would have covered the whole amount of the original selling price and shipping. I'll get into details later. Just recieved a summons from small claims court. I never recieved a certified demand letter from him though, I thought you needed to do that if you were sueing? Also, could I be liable for his time and travel costs? Of course thats only if I lose. I would like to countersue for the costs to repair the item based on "breach of contract" since he sent a poorly packaged product. Is that a good idea or a waste of 25 bucks for filing that? Any tips, thanks!

 

[janedoe23]

So there was insurance and the package was damaged in route? If so the carrier is responsible and a claim should be filed rather than you filing a chargeback. When you file a chargeback the money is automatically taken from the seller and then an investigation starts. If the seller is found not liable then the money is returned but not until a few months later. The seller is not responsible for the carrier damaging your item, it's beyond his control. I am not sure who is responsible for filing the claim but whoever is needs to get on the ball.

Right now you look like the bad one considering you recieved the item and then filed a chargeback. I have dealt with alot of people who pay by credit card and then file a chargeback stating it was unauthorized just so they get something for nothing or they file a chargeback because it is not what they expected and I don't do refunds. Either way you paid for insurance and you need to take it up with the carrier.

 

[Happy Trails]

What a mess....

Info. link: http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbycounty.htm

 

[Propigskin]

The Seller refused to file a claim with the shipping company. The shipping company will not deal with the recipiant, only the shipper. The shipper is issued the check and in the beginning the shipper said that it would be his money and I would have to trade product for money. I am an ebay seller and have had things damaged before. I always file a claim, give the person their money back and let them keep whatever they got. Hey, they already paid for it and it is the least you can do for their hassle. The shipping company even said that the packages were not packaged to their specifications. They were shipped in a thin and used box with no padding on the inside. I know I am in the right on this one morally. Any other tips?

 

[janedoe23]

I would keep quiet then until the court date. The seller will have to prove he deserves the money for that item. It also sounds as if the carrier is once again trying to put the blame on the sender. I would keep all emails and take pictures of the damaged item.

Was the box ever marked insured? It is possible that maybe he forgot to buy the insurance even though you paid for it and that is why he is not filing a claim.

In the end I do believe he will either back out or be laughed at when going to court. As long as you can back your story up 100% then just sit back and relax and let him incurr the costs of filing a frivalous lawsuit.