Being sued

[part timer]

What is the name of your state? Ohio
Purchased a digital camera on ebay for $41.I got the item and the port to connect to the computer was broken.Contacted seller and he offered $15, saying it worked perfectly when he shipped it.No way!Did a Pay Pal resolution and they refuned the money plus the shipping!!! During the Paypal investigation the seller tried to intimidate me by threatening to sue for $5000 if he lost in the dispute.He is located in CA and the ebay user agreement says something about California civil code 1542 and waiver rights. I don't know if this has a bearing or not. Please give me some help if anyone can!!! I've never had an expeience like this before.

 

[LegalStranger]

Dear OP,

The purchase price was only $41.00, the seller cannot sue you for 5,000.00. Sounds like the seller is just trying to intimidate you. I wouldn't worry about it. Just give them a negative on their feedback and go on.
Have a good one

 

[janedoe23]

And did you return the camera back to the seller???????

 

[part timer]

Re:Janedoe23

Yes. Took photographs of camera condition as we packed it,timed and dated. Sent usps certified return receipt. Paypal verified the camera was received and started the chargeback to my credit card.waiting for the money to show up.

 

[racer72]

Please don't leave negative feedback on a failed transaction, that will just start another pissing contest. Don't leave any feedback just as if the transaction never happened. You will end up with negative feedback in retaliation.

 

[divgradcurl]

What is the name of your state? Ohio
Purchased a digital camera on ebay for $41.I got the item and the port to connect to the computer was broken.Contacted seller and he offered $15, saying it worked perfectly when he shipped it.No way!Did a Pay Pal resolution and they refuned the money plus the shipping!!! During the Paypal investigation the seller tried to intimidate me by threatening to sue for $5000 if he lost in the dispute.He is located in CA and the ebay user agreement says something about California civil code 1542 and waiver rights. I don't know if this has a bearing or not. Please give me some help if anyone can!!! I've never had an expeience like this before.

California Civil Code 1542 deals with releasing eBay from any liability -- it has nothing to do with the buyer and the seller.

Listen to what others have posted, he can't sue for more than the article is worth, and feedback may be a bad idea.

Also, just for the sake of completeness, you cannot sue someone out of state in a California small claims court. The California courts do not even allow for service of out-of-state defendants in small claims court.

 

[part timer]

being sued

Thanks to all of you for giving a reply!!! I've tried to deal with this person and all I got was intimidation and threats from the first correspondence.