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Lost out on $1248.00 in profit due to NPB

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sentrazac

Junior Member
What is the name of your state? California
The other person is in Illinois.

I listed tickets to Game 2 of the World Series in Chicago on e-bay. The auction ended for $2950.00 I finally heard back from the winning bidder later the next day (after attempting to e-mail them and call them both) and was told that their account had been used by someone else and that they were out of town at their Mother in law's funeral and to stop contacting them. I told them that they were still responsible for the safekeeping of their account, and advised them to change thier password, etc. and that they needed to pay me for the tickets or be responsible for the difference if I sold them for less. I've heard the illness/death story one to many times from Non paying bidders, so I told this person point blank: "Show me a death certificate and I will not pursue this any further." They send me a Death announcment from a newspaper with no date anywhere on it. Yeah, i'm sure that was current. <sarcasm>

I tried to second chance offer the next few highest bidders and 2 of the 3 had already bought other tickets and the other never responded. I ended up relisting after the market had gone down. I listed them the same way I had originally listed and they sold for $1677.00. $1273.00 less than what the original bidder had legally bound themself to pay.

For fun, that day (a few days after the original auction ended) I checked my original winning bidders account... they had changed thier username on e-bay and had bid on more tickets. Hmmm... So now I know their whole story was a complete lie as suspected and they just got buyers remorse or something and didn't want to pay me. I've had this happen a million times and have always just let it go, but for over a thousand bucks, I'm thinking maybe this time it might be worth it to pursue it further. I think I have a pretty strong case against them as I have documented everything they have said and documented their bids on other World Series tickets after trying to avoid me by changing their user name.

What can I do to recoup these lost profits? The other person would have paid $2925.00 if this moron had not outbid them, so because of them I lost out on the difference between $2925 and $1677 a total of $1248, which I think they should be liable for. I have no idea where to even start, so a few pointers in the right direction would be great. Thanks in advance.
 
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seniorjudge

Senior Member
When did ticket scalping become legal?

Anyway, if you think you have a case, go to their state and sue them for whatever damages you think they caused you.
 

sentrazac

Junior Member
Last I checked, here in California, it's not illegal and never has been. There are certain cities that have ordinances against selling within a certain number of feet of a venue. I do believe Illinois has a law against the resale of tickets. Am I still subject to Illinois law even though I do not live there, just because the buyer lives there, which technically means part of the transaction will take place in that state? So I'm guessing since there is a law against it in that state that I could not take my case to that state and win? Opinions? Thanks...
seniorjudge said:
When did ticket scalping become legal?

Anyway, if you think you have a case, go to their state and sue them for whatever damages you think they caused you.
 

janedoe23

Member
Get over it!! It's going to cost money to sue and after all is said and done you probably won't have a penny in your pocket.
 

dallas702

Senior Member
Yeah, you can sue. And, yes you might prevail. But between the expense of getting a judgement, and then collecting on that judgement, you'll probably be back to square one.
 
B

BreanaLee

Guest
sentrazac said:
What is the name of your state? California
The other person is in Illinois.

I listed tickets to Game 2 of the World Series in Chicago on e-bay. The auction ended for $2950.00 I finally heard back from the winning bidder later the next day (after attempting to e-mail them and call them both) and was told that their account had been used by someone else and that they were out of town at their Mother in law's funeral and to stop contacting them. I told them that they were still responsible for the safekeeping of their account, and advised them to change thier password, etc. and that they needed to pay me for the tickets or be responsible for the difference if I sold them for less. I've heard the illness/death story one to many times from Non paying bidders, so I told this person point blank: "Show me a death certificate and I will not pursue this any further." They send me a Death announcment from a newspaper with no date anywhere on it. Yeah, i'm sure that was current. <sarcasm>

I tried to second chance offer the next few highest bidders and 2 of the 3 had already bought other tickets and the other never responded. I ended up relisting after the market had gone down. I listed them the same way I had originally listed and they sold for $1677.00. $1273.00 less than what the original bidder had legally bound themself to pay.

For fun, that day (a few days after the original auction ended) I checked my original winning bidders account... they had changed thier username on e-bay and had bid on more tickets. Hmmm... So now I know their whole story was a complete lie as suspected and they just got buyers remorse or something and didn't want to pay me. I've had this happen a million times and have always just let it go, but for over a thousand bucks, I'm thinking maybe this time it might be worth it to pursue it further. I think I have a pretty strong case against them as I have documented everything they have said and documented their bids on other World Series tickets after trying to avoid me by changing their user name.

What can I do to recoup these lost profits? The other person would have paid $2925.00 if this moron had not outbid them, so because of them I lost out on the difference between $2925 and $1677 a total of $1248, which I think they should be liable for. I have no idea where to even start, so a few pointers in the right direction would be great. Thanks in advance.
Well, you don't really need to go to a lawyer for this...just go to Ebay. Tell them the situation, tell them that the person bid on the exact same item after they told you they wouldn't pay, and see if they can take care of this for you. They're good that way.
 

janedoe23

Member
BreanaLee said:
Well, you don't really need to go to a lawyer for this...just go to Ebay. Tell them the situation, tell them that the person bid on the exact same item after they told you they wouldn't pay, and see if they can take care of this for you. They're good that way.
Buuuwahhaaaaaaa :rolleyes:

So basically your telling the OP to email Ebay and then wait patiently for about a year for a response. GOOD LUCK!!
 

JETX

Senior Member
BreanaLee said:
Well, you don't really need to go to a lawyer for this...just go to Ebay. Tell them the situation, tell them that the person bid on the exact same item after they told you they wouldn't pay, and see if they can take care of this for you. They're good that way.
What a STUPID post!!!
Do you really expect ebay to cough up the $1200 plus that the OP is out. He clearly isn't concerned with 'whipping them' through ebay... but wants what he perceives (rightly or wrongly) as a breach of contract..... and loss of value.

So, with that.... back to the OP's post.
Yes, you can sue them. And yes, you can do it in YOUR home state. Of course, they have the right to file a motion to dismiss claiming that your state does not have jurisdiction.
If they do that, you will have to fight for your state....
If you win, the trial will go forward.
If you lose, the court will order the case dismissed and you will have to refile in their state.

If they don't file a motion to dismiss, you can get a default (likely) judgment against them... and domesticate it to their state.

As to the laws of scalping in Illinois (which WOULD be the applicabl law), go to: http://online.wsj.com/public/article/SB112976871662973892-BCMKNneUctrwkt_SxIkSqixL_qQ_20061020.html?mod=tff_main_tff_top
 

seniorjudge

Senior Member
sentrazac said:
What is the name of your state? California
The other person is in Illinois.

I listed tickets to Game 2 of the World Series in Chicago on e-bay. The auction ended for $2950.00 I finally heard back from the winning bidder later the next day (after attempting to e-mail them and call them both) and was told that their account had been used by someone else and that they were out of town at their Mother in law's funeral and to stop contacting them. I told them that they were still responsible for the safekeeping of their account, and advised them to change thier password, etc. and that they needed to pay me for the tickets or be responsible for the difference if I sold them for less. I've heard the illness/death story one to many times from Non paying bidders, so I told this person point blank: "Show me a death certificate and I will not pursue this any further." They send me a Death announcment from a newspaper with no date anywhere on it. Yeah, i'm sure that was current. <sarcasm>

I tried to second chance offer the next few highest bidders and 2 of the 3 had already bought other tickets and the other never responded. I ended up relisting after the market had gone down. I listed them the same way I had originally listed and they sold for $1677.00. $1273.00 less than what the original bidder had legally bound themself to pay.

For fun, that day (a few days after the original auction ended) I checked my original winning bidders account... they had changed thier username on e-bay and had bid on more tickets. Hmmm... So now I know their whole story was a complete lie as suspected and they just got buyers remorse or something and didn't want to pay me. I've had this happen a million times and have always just let it go, but for over a thousand bucks, I'm thinking maybe this time it might be worth it to pursue it further. I think I have a pretty strong case against them as I have documented everything they have said and documented their bids on other World Series tickets after trying to avoid me by changing their user name.

What can I do to recoup these lost profits? The other person would have paid $2925.00 if this moron had not outbid them, so because of them I lost out on the difference between $2925 and $1677 a total of $1248, which I think they should be liable for. I have no idea where to even start, so a few pointers in the right direction would be great. Thanks in advance.

$1248?

It will cost you that much to drive down to the courthouse and file your lawsuit!

Well...almost that much....counting time, gas, aggravation, wear and tear (on you and your car), etc.

Just chalk it up to your bad judgment and forge ahead with new endeavors.
 

sentrazac

Junior Member
seniorjudge said:
$1248?

It will cost you that much to drive down to the courthouse and file your lawsuit!

Well...almost that much....counting time, gas, aggravation, wear and tear (on you and your car), etc.

Just chalk it up to your bad judgment and forge ahead with new endeavors.
Sorry, I don't make nearly as much money as you apparently because in my world, $1248 is a good chunk of change. And as far as chalking it up to my bad judgment. I am failing to see how this was bad judgment on my part. Please explain.
If I represent myself, there is no way it will cost me that much to go file a suit. I live about 10 minutes from the Courthouse. I'm sure I can make time to do this whole thing and more than anything, even if I lost all of it to legal fees, I wouldn't mind one bit as long as the person had to pay the $1248 to someone just so they could be used as an example.

BreanaLee said:
Well, you don't really need to go to a lawyer for this...just go to Ebay. Tell them the situation, tell them that the person bid on the exact same item after they told you they wouldn't pay, and see if they can take care of this for you. They're good that way.
Apparently you have never dealt with ebay before and have absolutely NO clue as to how they work. All e-bay will tell me to do is to leave them a negative feedback and file a non-paying bidder report, both of which I have already done. If they get 2 more non-paying bidder reports filed against them, they are elgible for suspension. Big whoopety do. All they have to do is open a new account the next day with a different credit card. It really is that simple. I have 3 ebay accounts.

JETX said:
What a STUPID post!!!
Do you really expect ebay to cough up the $1200 plus that the OP is out. He clearly isn't concerned with 'whipping them' through ebay... but wants what he perceives (rightly or wrongly) as a breach of contract..... and loss of value.

So, with that.... back to the OP's post.
Yes, you can sue them. And yes, you can do it in YOUR home state. Of course, they have the right to file a motion to dismiss claiming that your state does not have jurisdiction.
If they do that, you will have to fight for your state....
If you win, the trial will go forward.
If you lose, the court will order the case dismissed and you will have to refile in their state.

If they don't file a motion to dismiss, you can get a default (likely) judgment against them... and domesticate it to their state.

As to the laws of scalping in Illinois (which WOULD be the applicabl law), go to: http://online.wsj.com/public/article/SB112976871662973892-BCMKNneUctrwkt_SxIkSqixL_qQ_20061020.html?mod=tff_main_tff_top
Thank you for being the only person to post useful advice instead of some moronic comment or criticism of me and what I would like to do with this.
 

sentrazac

Junior Member
Nor would I. Not sure who you are addressing this statement to, but that is not what I did if you read my post. I offered it for sale, someone bid on it to buy it and then didn't follow through, so after I found out they weren't going to follow through, the market had gone down and I had to resell to another person that did keep their commitment, but it was for $1248.00 less than I could have sold it for had the original person not interfered with the auction. Only an idiot would ship something to someone without having payment, but as far as not selling anything unless you had the cash up front, I'm not really sure how that could work since you have to put it up there for sale or else how would somone know to pay you for it?
seniorjudge said:
I would never sell anything on eBay unless I had the cold hard cash up front.
 

janedoe23

Member
Even if you win doesn't mean you will get paid. You only get a judgement. You now have to go after the people for the money. Let me say it again, GOOD LUCK!
 
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