Ebay sales issue

[dylerturden]

What is the name of your state (only U.S. law)? Texas
I am a seller on Ebay, and sold an item to an individual in Oregon for about $125. The item arrived to the buyer, and a few weeks later the individual claimed that the item was incorrect (the item was a motorcycle headlight, for the left side, however the individual claimed that it was the right side.). After several weeks of asking for information regarding this issue with a week between each response and none of the information I was asking for, I advised the customer to return the item and I would refund upon receipt. The item was never returned, and the individual filed a complaint with paypal asking for a refund. Paypal ruled in my favor, as the individual could not produce proof of shipment or delivery, just a photocopy of a receipt from the usps showing that he paid for shipping (but no tracking number or delivery confirmation). 2 months have passed and I received a letter from an attorney in Oregon claiming to take legal action if the payment is not refunded. So, the customer has not returned the item to me, and wants money from me($125), despite Paypal investigating and ruling in my favor, and no proof of shipment.
Any ideas?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Yertle8]

Would you go to Oregon for $125? Chances are he won't come to Texas for it.

 

[TheGeekess]

Any kind of lawsuit would have to be filed in Texas.

 

[dylerturden]

Agreed that he isnt coming to TX, and really I would work with the individual if the part was returned. The letter I recd from the Attorney claims that Oregon has a "long arm" policy that would allow him to file a suit in Oregon. Any truth to that? Also claims that I only have 10 days to respond or the court can come after me.

 

[Yertle8]

Something I found googling 'long arm' as it piqued my interest:

"Since International Shoe, the Supreme Court has set forth several criteria to be used in analyzing whether jurisdiction over a nonresident is proper. These criteria require (1) that the defendant has purposefully availed himself or herself of the benefits of the state so as to reasonably foresee being haled into court in that state; (2) that the forum state has sufficient interest in the dispute; and (3) that haling the defendant into court does not offend "notions of fair play and substantial justice."

Pretty sure it's a bluff. If it were me, I'd call it by ignoring the letter. No one is going to go through the trouble of filing an out-of-state suit for $125, especially when they'd lose (If PayPal, an extremely buyer-friendly organization, found in your favor, the buyer has no proof.)

 

[dylerturden]

Yea that's pretty much my idea on the situation as well. Another thing that I just thought of is that the letter was mailed regular mail, with no signature required or confirmation of delivery. Kinda funny considering that they only give me 10 days from when I "receive" the letter to respond. Also, My business name and city are mispelled on the address of the envelope.