eBay buyer lawsuit threat, please advise!!!

[tjneum]

What is the name of your state? TX

I sold an item to an eBay member two months ago. This member started complaining shortly after he received the item that I had falsely advertised the item and sold him something that was used (the item was a Dymo Turbo 400 LabelWriter). The item was, in fact, brand-new and factory sealed. I wrote him back saying that the item was brand-new but he kept insisting that I send him a new one. After some back and forth he finally left me negative feedback and I never heard from him again. I had already left him positive feedback so I went back to this and added a "follow-up" saying exactly this:

"Buyer later contacted me claiming fraud. HORRIBLE BUYER, SELLERS BEWARE!!!!!!!!"

I didn't hear anything from him for months but then received an email from him today saying this:

"I just read your follow up feedback. Fraud is a very serious thing- do you even know what it means? I never used the word fraud in any of my communications or feedback remarks. I will be filing a California lawsuit against you shortly to recover damages resulting from your remarks."

I responded with this:

"I know exactly what it means and that is exactly what you accused me of. You don't have to use a word to accuse someone of deliberately decieving you to secure unfair or unlawful gain."

He responded with this:

"Tell it to the judge**************....."

My question is this: What exactly can he sue me for? What are my options if he does file a suit? I have never encountered anything like this before and I'm very confused. I don't have money to travel to california for a lawsuit nor can I afford a lawyer to take with me. Please let me know the path that I should take and what, if anything, is going to happen if he does file suit. Thanks.

 

[rdrector]

He's playing with you, ignore him and don't respond. If you are truthful about what you have said you know yourself you have a non issue here other then someone trying to get over on you.

 

[BelizeBreeze]

Please let me know the path that I should take and what, if anything, is going to happen if he does file suit. Thanks.

You should stay off e-bay and not be allowed to type again.

Of COURSE using the word fraud is a key element in providing the court proof that someone accussed you of the act. Simply stating that you sent a used instead of a new item is NOT claiming you defrauded anyone.

I would suggest you stop playing big shot on e-bay since you simply don't have the tools.

And yes, He can sue you. It happens all the time.

 

[tjneum]

I believe that you are misunderstanding the situation. I did not accuse him of fraud. I simply stated in a reply to feedback that he accused me of fraud. He said that he did not accuse me of it and now wants to sue over it. How can he sue me for damages over this and what form of reply would I use?

 

[BelizeBreeze]

I believe that you are misunderstanding the situation. I did not accuse him of fraud. I simply stated in a reply to feedback that he accused me of fraud. He said that he did not accuse me of it and now wants to sue over it. How can he sue me for damages over this and what form of reply would I use?

I misunderstood nothing.

You accused him of a civil wrong, accusing you of fraud. He in no way, and based on your own words, accussed you of anything.

I'm done with this.

 

[tjneum]

I'd be more than happy to post all conversation with this individual if you like. He stated in one of his emails to me that I "screwed" him and that he probably wasn't the first person that I had "screwed on eBay".