Ebay buyer refuses to pay

[rightwing275]

What is the name of your state? NY
Hello, I had a winner of my auction on Ebay refuse to pay for an auction on the ground that he claims auction items to be fakes. The items in question are a DVD collection of a television show. The accusation and refusal to pay were made within 15 minutes of the auction end. I believe he thinks he bid to much.

I have guaranteed on 4 seperate occasions (in writing) that the items were authentic, and offered the winner to report me to any authority he sees fit if he finds the items to be illegal copies.

He has threatened (or attempted to intimidate) me on three occasions (in writing) to use his position as an employee of the Attorney General in NY to make me stop trying to make him pay for this auction. He claims to work as a cleark for the AG while going to law school to become a lawyer (you guys wouldn't do this wouldja). Futhermore he has defamed me in writing, in the form of a feedback on the Ebay system by posting a message that claims that I am selling illegal DVDs and telling other prospective buyers that they can be arrested if they buy them from me. I stress... he has never received them to inspect and therefore is spewing baseless conjecture.

Needless to say, I have not had a sale since. I have even offered to cancel his auction, if he removes the inflammatory slander, and pay for the relisting charges for these items. He has refused. This guy has been nothing but outrageous. Refusing to stop threatening me as an employee of the AG, and refusing to pay for the relisting.

My questions are as follows... Is it legal for him to intimidate me using the AGs office as a means of doing so? Even though he is not trying to obtain any items or monies, wouldn't this constitute a form of extortion/intimidation seeing as he is still trying to defraud me out of money he owes me by using a position with a government entity? Can lose of income be included if I havn't made a single sale since his slanderous accusations have been left?

I am disabled, and all of these threats and the constant hassle I have gone through daily have aggravated my illness. Is there anything I can do about this?

I have reason to believe that the name and address he has used for my auction were false (I ran an internet search on the ph# he listed, and it's listed to a different name and address in metro NY, I then ran an address search through 5 different search engines on the address he used, and it doesn't exsist. I can and WILL run a reverse IP address search to find the address of the computer he is using if this or anything else he has done is found to be illegal)

I also live in NY state. If I were to file a small claim, would he have to travel upstate to answer it? Can I include any/or all expenses I've incurred?

I realize that much may not be gained from all of this, but I don't care. If this jerk has done anything illegal, i'm gonna screw him to the wall, just to change his outlook on life. I can easily find him, and he may have picked the wrong guy. I hope! Oh ya, have a nice day

 

[teflon_jones]

You can file in smalls claims court in NY to try and recover the costs of listing the item. You could also get a judgement to have the buyer actually pay for the item and you give it to them to complete the sale. You're not entitled to anything else due to you being disabled or stressed or anything else. So do you really want to do this? I'd just leave him bad feedback and move on!

 

[rightwing275]

With a name like "Teflon" your info's got to be good. Thanks for replying. I was afraid that under the circumstances, no one would reply

I may calm down in a few days and then again I may not.

I do realize that filing a complaint with the AG wouldn't amount to anything but pissing him off (though this "is" a goal mind you) but even knowing this to be true. Is this complaint file able regardless After all, he did enjoy using the fact that he was an employee of the AG (a clerk ) as a threat.

I'm not sure if your saying that if I file a small claim, he would have to travel upstate to answer. The thought of losing a days pay, the cost of gasoline, and the idea that he may have to pay my filing fees (or would he?) would more that likely prod him into paying his debt. Though at this point, I would just file. Then after all I just mentioned, He could "also" pay his debt THEN I would gladly hand him his items, which now would cost much more than he avoided paying in the first place.

This is a true case of "It's not the money, it's the principle" and this SOB could learn some principles.

Look at it under these terms... If I was your crippled father, and you were the "good son the lawyer" What wolud you do?

thanks

 

[JETX]

Is it legal for him to intimidate me using the AGs office as a means of doing so?

Yep. I don't find any statute that prohibits someone from claiming to be a law student.... or to claim he works for the AG's office (though the AG might be interested in his claim).

Even though he is not trying to obtain any items or monies, wouldn't this constitute a form of extortion/intimidation seeing as he is still trying to defraud me out of money he owes me by using a position with a government entity?

No.

Can lose of income be included if I havn't made a single sale since his slanderous accusations have been left?

You would have to PROVE that his post was the reason.... a very hard task to do.

I am disabled, and all of these threats and the constant hassle I have gone through daily have aggravated my illness. Is there anything I can do about this?

Nope. Your 'disability' has nothing to do with this.

I have reason to believe that the name and address he has used for my auction were false (I ran an internet search on the ph# he listed, and it's listed to a different name and address in metro NY, I then ran an address search through 5 different search engines on the address he used, and it doesn't exsist. I can and WILL run a reverse IP address search to find the address of the computer he is using if this or anything else he has done is found to be illegal)

Not relevant.... except maybe to eBay.

I also live in NY state. If I were to file a small claim, would he have to travel upstate to answer it?

You can file anywhere you want. Then, it is up to the defendant to file a motion to challenge venue. If the court agrees with him, then you will have to refile. If not, then your case will go forward.
However, with that.... your should know that court rules are that you must file in HIS home county.

Can I include any/or all expenses I've incurred?

Depends on the source of the expenses.

 

[You Are Guilty]

I don't know if this helps, but you can file a small claims case in the county where the defendant "works, resides or operates a business." So in case you don't reside in Albany county where the AG's main office is, if he lives or works elsewhere, you can file there.

 

[teflon_jones]

You may be able to get your transportation costs to court covered, and loss of wages for having to go to court, but it's unlikely. In general judges won't give you this because it's assumed that by filing a case in court you're willing to absorb these costs yourself. Notice I said "unlikely" and "in general" because it's been known to happen, it's just not very probable in your case. Just my opinion.

 

[DebbiK]

Report this person to Safe Harbor

There is a way to report this buyer to Safe Harbor and they will investigate. My brother had the same thing happen to him and they took care of it. Good Luck!

Debbi

 

[sungod916]

There are alot of illegal DVDs floating around Ebay right now though.

Such as collections of TV shows not officially released on DVD.
Just look up "Fresh Prince". I see it alot and it makes me frustrated. Then again I don't bid on the item knowing it's illegal.

Reporting him to Ebay is a good start here.

 

[JETX]

There are alot of illegal DVDs floating around Ebay right now though.

Such as collections of TV shows not officially released on DVD.
Just look up "Fresh Prince". I see it alot and it makes me frustrated. Then again I don't bid on the item knowing it's illegal.

Reporting him to Ebay is a good start here.

Did you even READ this post??! If you had, you would realize that the poster is the SELLER.... and the buyer has refused to honor due to an ASSUMPTION that the product to be supplied is counterfeit.