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Ebay seller filed suit against me?

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JEbay

Junior Member
What is the name of your state? I reside in NY and the ebay seller resides in IL...
I won an auction on ebay for 3 bracelets (rubber wristbands) and sent $21 money order as instructed. I paid $2 per bracelet for shipping and $5 each for the bracelets. Approximately 3 weeks later I received a white #10 envelope that was ripped, a receipt for my $21 from the seller and no bracelets. The seller had affixed a mere $.74 postage and pocketed the rest of my shipping fees. Needless to say I was outraged. After paying $6 postage I assummed that they would be shipped in a secure package!!! I contacted seller via email numerous times and finally received a reply stating that she would refund my money. After waiting agaan, no refund received. I emailed seller many times regarding the refund and she did reply to my emails. During this time seller continued to receive negative feedbacks from other buyers for similar problems and I knew I would never see my money again. I filed a complaint with ebay and conversed with seller a few more times via that forum. I tried to file charges thru US Postal Svc. (no luck) IL Attorney General (no luck). While still in dispute with ebay, seller unregisterd her name with ebay. (Either her doing or ebays, they wont say)
Seller now states she is filing suit against me for harrassment !!! Can she do this ??? I received negative feedback from her and was contacted by a few others involved with bidding with her and I did tell them that I had been ripped off and they should be careful. Can she say this was harrassment that I spoke to others about my bad deal??? Can my numerous emails with her be interpreted as harrassment????
I would appreciate anyones insight on this matter
P.S. One of my last postings to ebay dispute center was a reponse stating that I realize my $21 will never be seen again and I wished her well in her future dealings...I thought I was being nice about it...:)
Thanks !
 


djohnson

Senior Member
She is not going to sue you. She has no case and it wouldn't be worth the money for her to come to your state to sue you. She is bluffing.

PS. It's just as much your fault, you should have found out about insurance and type of shipping. Just because it cost a lot doesn't mean anything. It could be a handling charge.
 

JEbay

Junior Member
Thanks for the reply. I was just concerned that she would claim that my compliant to ebay caused her to lose her selling rights on ebay and therefore she suffered a financial loss. Thanks for your advice. I really appreciate it...and you are 100% right. I should have purchased insurance (usually dont for a $21 sale) and I should have asked how the items would be shipped. Her negative feedbacks should have been warning enough to me...
Thanks again !

I am new to these forums and enjoying reading the posts...
 

djohnson

Senior Member
Just a P.S.

You can say anything you want to say as long as it's the truth and she can't claim damages from it.
 

teflon_jones

Senior Member
This person is just trying to intimidate you. Did they just send you an email saying they were going to file suit against you? I get emails all the time saying they're going to make my penis larger or my love life better or my wife listen to me, but none of these things ever happen...
 

JEbay

Junior Member
djohnson said:
Just a P.S.

You can say anything you want to say as long as it's the truth and she can't claim damages from it.
Thats the part Im afraid of...She can claim that my complaints to ebay (all truthful) caused them to shut her down and therefore she has suffered a financial loss...or that speaking to other buyers (all truthful) caused her some type of loss too....Im just worrying needlessly, right?
 

JEbay

Junior Member
teflon_jones said:
This person is just trying to intimidate you. Did they just send you an email saying they were going to file suit against you? I get emails all the time saying they're going to make my penis larger or my love life better or my wife listen to me, but none of these things ever happen...
Hi Teflon,
Thanks for the reply. She did not send an email threatening suit but stated in her feedback on ebay that she was going to file....I get those spam emails all the time too...Hate em !
 

djohnson

Senior Member
She isn't going to sue. She has no case, plus it's not worth the cost, especially when you will lose. You have the freedom to speak what has happened to you and speak the truth. As long as you aren't following the seller around or calling at all hours of the night to harass or stalk, then you are fine.
 

JEbay

Junior Member
djohnson said:
She isn't going to sue. She has no case, plus it's not worth the cost, especially when you will lose. You have the freedom to speak what has happened to you and speak the truth. As long as you aren't following the seller around or calling at all hours of the night to harass or stalk, then you are fine.
Thanks. You have put my mind at ease. Have a great weekend :)
 

badapple40

Senior Member
I would invite her to sue you. She then purposely avails herself of your home state, and you can counter-sue for breach of contract to get all your money back, where she has to travel to your home state.
 

JEbay

Junior Member
badapple40 said:
I would invite her to sue you. She then purposely avails herself of your home state, and you can counter-sue for breach of contract to get all your money back, where she has to travel to your home state.

Bad Apple,
You make a very good point. So why are you such a bad apple??? :)
Thank you !
 

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