ebay libel

[par_plez]

My son was high bidder on a video game enhancer from an "ebay store" - a store that sells primarily on ebay. It was paid for electronically the next day. when we got this unit, it did not work as described, but needed an additional disc from the manufacturer. I decided to withhold feedback until the disc arrived. For a reason not known to me, they left me negative feedback which stated "NONPAYER", which hurts my bidding for future auctions. I e-mailed them asking for an explanation, and their reply was "did you leave feedback for us?" Being a little peeved, I then left the following negative feedback -"BEWARE - left neg feedback stating nonpayer when I had pd the day after auction - unit not compatible as implied - UR warned. They sent me an e-mail stating that THEY were suing ME for libel, as my negative feedback would hurt their business. They state I will be responsible for $62 filing fee and 50 for service of local sheriff, regardless of the outcome. I will be required to appear in court and they will be suing for 1000 - 5000. I do have records proving they were pd day after auction. 1. Can they make me pay filing and sheriff fees for a frivolous suit? 2.Can I counter sue for any expenses for defense? Tks for your patience w/my longwindedness.

 

[racer72]

Unless the two of you live near each other, tell him to pack sand. It will cost a lot more than he is asking if you live any distance away or in another state. Leave his ebay name and I'll go post a few more negative feedbacks too.

 

[par_plez]

We both are from Wisconsin. I appreciate advice, but as an eye for an eye theory seldom works, I would not think it proper to give his ebay identity. Although it is tempting. Tks for any help.

 

[LegalBeagle]

They have no case and you will not be required to pay anything unless ordered to by a judge. Tell him to go away and leave you alone.

 

[par_plez]

the story has taken an ugly turn. it seems checking the compatability of the purchase was my son's responsibility.the end of my neg comment said unit not comp as implied , the first part is true.i sent him an e-mail asking him to leave me alone, and was threatened with more litigation. understand that i probably could resolve this with a 20.00 resolution, but he calls me jerk and liar, so i will pay a lawyer fee if no one replies. Seems my son pd twice for unit and their returning 1 payment caused their computer to send me the negative response. (this started the mess) I would appreciate any advice.....his untrue neg comment remains on my profile also... sos

 

[JETX]

Regretfully, these ebay auctions often turn into shouting matches if one party feels he was slighted by another.

In your case, I would suggest that you are immune to any claims by him, since your post was generally factual, at least at the time that you posted. Additionally, he would have the burden of proof. Meaning he would have to convince a court that you not only caused him damage, but how much. As you can easily imagine, that would be VERY hard to prove to anyone.

My suggestion is somewhat like the others in that you should cease any further contact with the merchant. I am almost willing to bet money on the fact that his claims of taking action against you is hollow (it is very easy to make claims of suing, but much different when it actually comes down to doing it). In the event that he does follow through with what is normally an 'idle threat' of action, that is when you should respond. If he lives in a different county, then file a 'change of venue' motion to change any action to YOUR home county. If he files close by, then file a motion as to lack of jurisdiction since the actual auction site was in CA (might work??).

Bottom line.. let the pipsqueak cry and moan all he wants. Don't respond. He will eventually either go away, or will do as he threatened. Any actions on your part will NOT affect his decision.
Leave it be... he will move on to other rants.

 

[par_plez]

i proposed to resolve this by letting others know in a response to the feedback that part of this error was mine,apologize for that and he will do the same for my id. he quickly agreed. I probably should have just let him make his threats and leave my warning to others as is, but this was taking up way too much energy. Tks for responding and making this easier on me. your taking the time to help me and others on here is appreciated.