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Buyer is claiming fraud and making false allegations

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deercop

Junior Member
What is the name of your state? Alabama

I sold a firearm and accessories to an individual in Pennsylvania. I advertised these items for sale on an internet forum, under the classified section (not ebay, etc.). I completely and accurately described its condition, to the best of my abilities, and sent photos. This individual asked many questions, and then agreed to buy the items.

Upon receipt of a certified check for $500, I had my local FFL dealer send the items to his FFL dealer via insured USPS. My FFL dealer packaged the items to the standard he always used, which was very adequate.

Upon arrival, this individual claims the items were damaged. I advised him to initiate an insurance claim through the USPS. He refused, saying I improperly packaged the items, and it was not USPS's fault.

This individual then started claiming fraud, as he felt the items were not as described, although I have the emails to prove otherwise. He demanded his money back, or he would start making fraud allegations. I refused, and he started calling my employer, the local police department, the sheriff's department, and the district attorney's office. All told him there was no criminal activity on my part, and if he felt it necessary, to pursue civil remedies. All felt he was a nut and smart-aleck, with nothing better to do than to cause me grief.

I reluctant offered to refund his money, minus shipping, once the items were returned in the condition I shipped them in. He stated they are NOT still in that condition. He started demanding more money than he paid, $525, due to his aggravation. However, for $200, he would keep the items and drop the issue.

Are there any possible federal charges?

If he takes this to civil court, which court would have jurisdiction?

Can I file suit against him for harassment, extortion, blackmail, etc.?
 


divgradcurl

Senior Member
Are there any possible federal charges?
If you shipped FFL to FFL, then no.

If he takes this to civil court, which court would have jurisdiction?
Alabama. He might try to file in his state anyway, but if he does, you can get the filing easily dimissed due to lack of jurisdiction.

Can I file suit against him for harassment, extortion, blackmail, etc.?
I guess you could, but you probably wouldn't win.

For $525, this is really just a small claims action. If he wants to spend the money to fly down to Alabama to file and pursue a small claims action against you, I guess he could, but it would probably cost him that much just in travel costs (which are not reimburseable even if he does win). Try and work out a refund if you want, but other than that, you're probably safe telling him to put up or shut up.

It's too bad you got such a lousy buyer. I bought a rifle (new) over the internet a few years back, had it shipped FFL to FFL, the only trouble I got into was a little grumbling from my local FFL, since I paid less for the rifle than he could get it for wholesale...
 

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