Can eBay buyer really sue me?

[cuti0021]

I was told that I should counter-sue just because of the emotional pain and suffering & I am going to have to take off work to go to court. I mean I am just amazed as everyone else is because this adult man (need to mention he is 32) does not have the balls to even tell his mother that what she is trying to do is not going to work. This guy knows that what the mother is trying to do is not going to work because HE didn't even sign the court papers. He didn't fill them out, nor did he tell me he was going to sue me. It was all the MOTHER! The mother and I had no transaction. I have a copy of the BidPay check that the SON sent to me, I have the receipt from USPS Click-N-Ship that shows that I sent the purse to the SON. I have it all, but the e-mails, but the e-mails do no good because the son never responded back to anything I said and he ignored the dispute I had with SquareTrade, a dispute resolution service that eBay provides to help buyers & sellers resolve any conflict. Everything was ignored. I was trying to deal with the SON and offered him the refund (because we had a verbal agreement on the telephone), but nothing was ever good enough for the mother. It's such a childish game. My auction even stated that I would refund the money if not satisfied because that's all I could do. Don't you think if I had $1600 to spend, I would buy one from the store & keep it for myself? The mother is trying to state that "SHE" bid on my auction and SHE bid on a real handbag, and since she says mine wasn't real, SHE'S trying to sue me for me to buy her a real handbag because that's what she said SHE bought. Well, newsflash! SHE didn't do anything. It was all the son. The SON made the bid, the SON sent me the money order, and I shipped the bag to the SON. From what the court paper says, I'm assuming that the son lives with the mother (same address for both). But when I mailed the purse, I mailed it to the son. The son didn't even sign his name on the court papers, so I'm guessing the mother just wrote her son's name as the other plaintiff and signed just her name. But she can't sue me, right? She had no part in the transaction between the son and I. Please give me all the advice you can give because this is really stressing me out just because these supposively ADULTS are trying to pull some scam on a 20 year-old. I'm not as stupid as they think I am. They know I'm young, so they assume that if they file court papers against me, I won't show up to court & they'll automatically win their suit, but it's going to suck for them because I am going to show up & hopefully the judge will just look at this idiotic case & laugh & dismiss it. Oh and to top it off, I'm bringing my DAD! Haha.....maybe it'll teach this 32-year-old "child" that he always doesn't need him MOMMY for everything and nor does the mother need to intrude into her son's business.

 

[dallas702]

Cuti;

Relax. I think you are ready to deal with these creeps. I don't think the judge in Small Claims Court is usually allowed to give you money for distress, but maybe it's filed in Justice, District, or Superior Court (states vary on this designation). Upper courts usually require an attorney or at least a filing in "Proper Person". If it's SCC, you might not get "distress" compensation, but you can certainly ask for every dime possible for inconvenience and expenses. Go see a counselor, psychologist, or Psych MD. That would verify your claim of mental distress and could give the judge ammunition for an award to you....maybe even a punitive award if allowed. Remember, you can't just say it...you have to show evidence of "injury" just like they do.

Actually, since the mother has signed all these documents without being an actual party to the transaction the judge may just toss their claim immediately and move on to your claim against them. I think you should go all the way through with this. It's a good experience in many ways. I can't imagine you losing any part of this, but the law is what guides the judge (and the mother is already outside the bounds of it here....unless she's claiming her son is incapable of making adult decisions for himself, but I believe that would have to be in her court filing).

Again, don't cave in to any "at the door" settlement offer. Don't touch the bag until it is presented to you in court in front of the judge. If you can think of anything that made YOUR bag distinctive have that thought ready when they present the bag. ".....But, Your Honor my bag had a small scuff right under the handle....". If he asks you to describe the bag before you see it you say "...Your Honor MY bag had a small cut in the lining in such-and-such location. When their bag doesn't have the defining mark....ooops, gee whiz Your Honor....I don't know who's bag this is, but it isn't the one I sold to this man....".

Gettin' the idea?

Oh, yeah....check that money order. See if it can be cashed (preferably by the same "bank" as the issuer). If not, you have a bigger case against them.

 

[mooloo27]

Im not a lawyer either but from what I understand when you go to court they will completely throw it out and the son will then have to file the charges himself. They probably wont even let him speak of the case in court since he isnt the one that filed the charges.

ALWAYS in future sells with ebay make sure to put a COMPLETE and full disclaimer.

And I agree with them I dont believe that they can get more then the money they spent for the purse. IF BY SOME CRAZY chance they win you may have to pay for the court costs.

I wouldnt worry to much about it I feel its all in your favor.

Good luck and take care!