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Ebay 3 questions buyer threatening "punitive damages" law suit

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jempero

Junior Member
What is the name of your state?What is the name of your state? Michigan
First, thanks to everyone involved for this very useful site! I sold an (small plastic toy-not more than 6 inches long and not electronic) on ebay to a customer in my state, the buyer purchased over 3 months ago. Customer paid using paypal. Buyer received the item and was angry that it was not "new". The item was very rare. It was used for display and 30 years old; out of production value of 80 dollars (all indicated in the ad). My listing had pictures of the item, 2 or more pics, and stated that it was in very good condition for its age, which the pictures indicate. Moreover, no chips, cracks etc.. Customer received and said it was received damaged and wanted refund. I obviously did not want customer to lose money so I felt the shipper should be contacted for claim. I am not sure why, but the buyer went right to war with me rather than assuming logically that it was damaged by shipper. I have hundreds of satisfied customers so how would it benefit my business by shipping an item out after damaging it? Very strange when also considering the fact that it was a one of a kind item--rarely if ever seen on ebay, and the ad stated it was in good condition with pictures. It is not like I have 5 of them to spare.
Along with demanding a full refund, customer began sending harassing emails on a weekly basis. Buyer claimed to be friends with someone connected to Michigan's Attorneys' General. I continued to be cordial and said that everything would be fine and that a damage claim could be filed, but buyer refused saying that they would "get me" for this. Buyer was offered insurance for shipping and she paid, which I pointed out. As stated, I was very nice and responded with only facts and no personal attacks. Buyer tried a resolution claim on paypal and lost a month ago because I presented paypal with emails, pics and tracking information for item. Immediately at 90 days, 23rd hour after sale customer posted negative feedback on ebay thinking I could not respond. I was able to post negative to ebayer based on the facts, no slander, e.g.===buyer's neg.feedback is most likely in retaliation for losing paypal claim, and that she refused to file shipping insurance claim.

I think I already know the answers to these questions but I will ask anyway because of the confidence, passion and "assured" tone of my customer. The questions are:
QUESTION 1. Customer paid for shipping insurance, buyer has the damaged item and is able to contact the post office for claim, do you have any idea why this ebayer isn't doing that?

QUESTION 2. Customer has not said exactly what they are suing me for but, in effect, they are definitely suing me (in their words!). I have never received a summons. They have claimed punitive damages for defamation regarding negative f/b-but they are not sellers, and also they were going to tell the U.S. Government I was defrauding them (postal service) by shipping nonpriority items in a priority box. This is not true and customer virtually indicated in a threatening email that they would make this up to get me in trouble and that it was my word against theirs. Also, here is a direct quote from customer email
--You know that you'll also have to pay all court costs? It's $37 filing fee, $22 serving summons. Plus amount judge awards me for defamation..I wouldn't waste my time if I wasn't 100% sure
Here is more:: I contacted all your customers and have all their replies to submit to the court. I asked you twice to send me the insurance form, which your reply was to never contact you again or you'd report me to eBay for harassment. (Which, by the way, legally, that's not considered harassment). Just figured I'd sit back and let you make my case for me. Thanks!----
Does this individual have a case?

QUESTION 3. Final question--Customer lives in my state and I am very concerned for my family. They have threatened me in other way too on numerous occasions (exactly how, I do not want to post here). I have contacted ebay and I am sure they will warn buyer, but that is all they do. Do you have a suggestion on how to protect my family?
Thanks so much for your time!
 


dallas702

Senior Member
You have a real nutcase here. Send all your communications to Ebay. That should get her bounced so she can't contact your customers.

I doubt if this will ever get to court. As long as you can show that you described the item accurately you have no problem. No one forced this idiot to buy the item. If she wants to be compensated for carrier damage she has to follow through and wait like everyone else does. You can contact your local authorities if you believe she has threatened you with violence. Even if they don't do anything now you can file a report.

PMS!
 

jempero

Junior Member
thanks for kind words/maybe others can give info. too EBAY LEGAL THREAT

Thanks dallas702, I do not see any way that she could file a case. I mean, what is the claim? The buyer is not able to collect punitive damages but this wacko emails me daily with threats. Oh well, I hope someone is able to put my mind at ease here. I have contacted eBay regarding this, but typically they do not get involved. I feel they are responsible too, this came via their server and the f/b was posted on their site. I really want to cut the ties with them. I am a power seller and we get no customer support. We make the money for them, without sellers, there would be no business for ebay at all. Well take care, and thanks for your words of support!! B
 

dallas702

Senior Member
I'm a little surprised that Ebay hasn't done more to help you. They usually protect their sellers because, as you said you are the ones that put revenue in their pocket.

It sounds like time for a "cease and desist" demand. She has no case, but you do against her. She has a simple legal recourse if she thinks she has been injured, but threats to you is not one of them.

Contact your local authorities to get the procedure for filing a criminal complaint against her. It doesn't matter who she claims to know at the AG's office, she still has to obey the law.
 

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