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Libel Suit Threatened

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darkblue

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA
For the first time I find myself amongst the legions of people that are having a problem with ebayers. My story is this: I bid on an item and the seller immediately closed the auction before the specified end date. That made me a little suspicious, then he tells me he doesn't accept credit card payments which offer the most protection for all involved. I tell him I only pay by credit card so he gives me negative feedback. My feedback to him, his reply, and my response are thus:

Feedback: Be advised this seller doesn't accept paypal like 99.9% of sellers. Avoid!!!
Reply by X: TRUE I HAD PAY PAL AND BIDDER REVERSED PAYMENT & KEPT MERCHANDISE AVOID PAY PAL
(sounds like he's calling me a liar and a theif to me, so I respond)
Follow-up by me: This is a lie. He wouldn't accept paypal, so how could I reverse? Crooked seller
(at which point I am cut of by the 80 character limit).

He then sends me an email that says:
"Be on notice we will be filling an action in Federal Court against E bay and (me) for malicious statements posted. On your site. I am ready and willing to seek redress in the Federal Court. Here is a true and accurate copy of the libelous statement (my follow-up above).

So my question is does this guy have a case? He's sent other emails saying:
"You really are an idiot! You must not have the reading comprehension of a 5 year old. Your (sic) now in big trouble you made the statement crooked seller I am seeking an attorney in your area. I know I have won two of these suits one in Main (sic) the other in Virginia. I just hope you have some assets!!!"

I don't know if the guy is serious or just a wingnut looking to scare me. How would I know if he's filed suit? and what course should I take now?
 


M

meganproser

Guest
>>Reply by X: TRUE I HAD PAY PAL AND BIDDER REVERSED PAYMENT & KEPT MERCHANDISE AVOID PAY PAL

My interpretation of this is that he stopped using paypal after SOMEONE ELSE reversed on him.

I think your statements would be considered "opinion" and he has no case.

If he files suit you will be served with a summons and complaint. I really wouldn't worry about it though.

If you can remove or retract your comment about him being a crook, do so immediately.
 
S

seniorjudge

Guest
"...I don't know if the guy is serious or just a wingnut looking to scare me. How would I know if he's filed suit? and what course should I take now?..."

I vote for wing nut.

An absolute defense to defamation is truth. Based solely on what you put in your post, you said nothing that was false. Even if it was malicious, it was not false.

In any event, if he really did sue you in Federal court, you will be receiving a summons.

I certainly would not talk to him again.

Change your ID on ebay too.
 
S

seniorjudge

Guest
BelizeBreeze said:
You are BOTH idiots and should not be playing with a dangerous weapon (i.e. a computer).
I axed my mommy and she said I could keep my computer SOTHERE! :p
 

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