Should I sue the seller?

[justwonder123]

What is the name of your state? VA

I paid $400 to buy a set of books through eBay which was listed as the newest 2004-2005 ed. books on February 7, 2006. However, I received a set of used books published in 2002. I contacted the seller, but he refused to refund. I filed a claim to PayPal who froze the seller’s account. The seller contacted me several times and said that he wanted to settle this claim and will send a check in the amount of $100 by the 13th of March. He had never done so, and my waiting for his check delayed my response to PayPal which caused the denial of my claim by Paypal. The seller sent me a check with 0 amount and put very dirty language on it to harass me on 3/17/06. I left a negative feedback and he posted humiliating response on me.

I am thinking of filing a lawsuit against the seller for the following reasons:
1) It was a fraud of selling the products different from listing on eBay.
2) He damages my reputation via public media (internet).
3) He uses dirty and humiliating language to harass me causing emotional suffering.

I keep all evidences including eBay listing, used books, check from him with dirty language, internet comments, all e-mails from him. Should I file a lawsuit against the seller? Do you have any suggestions? Thanks.

 

[Litigation!]

What is the name of your state? VA

I paid $400 to buy a set of books through eBay which was listed as the newest 2004-2005 ed. books on February 7, 2006. However, I received a set of used books published in 2002. I contacted the seller, but he refused to refund. I filed a claim to PayPal who froze the seller’s account. The seller contacted me several times and said that he wanted to settle this claim and will send a check in the amount of $100 by the 13th of March. He had never done so, and my waiting for his check delayed my response to PayPal which caused the denial of my claim by Paypal. The seller sent me a check with 0 amount and put very dirty language on it to harass me on 3/17/06. I left a negative feedback and he posted humiliating response on me.

I am thinking of filing a lawsuit against the seller for the following reasons:
1) It was a fraud of selling the products different from listing on eBay.
2) He damages my reputation via public media (internet).
3) He uses dirty and humiliating language to harass me causing emotional suffering.

I keep all evidences including eBay listing, used books, check from him with dirty language, internet comments, all e-mails from him. Should I file a lawsuit against the seller? Do you have any suggestions? Thanks.

My response:

Yes, I think you should sue him. I just love seeing two stupid people going at it in court!

IAAL

 

[twocats]

If you used a credit card to make the Paypal payment, contact your CC company and do a chargeback. It will be up to Paypal to get their funds back from the seller after the CC company gets yours from them.

 

[twocats]

I posted this link on another thread but you might not see, it so here it is again for you. File Internet Fraud. http://www.ic3.gov/

It won't hurt.

 

[divgradcurl]

What is the name of your state? VA

I paid $400 to buy a set of books through eBay which was listed as the newest 2004-2005 ed. books on February 7, 2006. However, I received a set of used books published in 2002. I contacted the seller, but he refused to refund. I filed a claim to PayPal who froze the seller’s account. The seller contacted me several times and said that he wanted to settle this claim and will send a check in the amount of $100 by the 13th of March. He had never done so, and my waiting for his check delayed my response to PayPal which caused the denial of my claim by Paypal. The seller sent me a check with 0 amount and put very dirty language on it to harass me on 3/17/06. I left a negative feedback and he posted humiliating response on me.

I am thinking of filing a lawsuit against the seller for the following reasons:
1) It was a fraud of selling the products different from listing on eBay.
2) He damages my reputation via public media (internet).
3) He uses dirty and humiliating language to harass me causing emotional suffering.

I keep all evidences including eBay listing, used books, check from him with dirty language, internet comments, all e-mails from him. Should I file a lawsuit against the seller? Do you have any suggestions? Thanks.

Where is the seller located?

 

[justwonder123]

Location

New Jersey.

 

[divgradcurl]

Then you are going to need to travel to NJ to sue the guy in small claims court for you money back. Make sure you bring the used books along with you to return to him.

1) It was a fraud of selling the products different from listing on eBay.

Maybe, but fraud's oftentimes pretty hard to prove. Forget fraud, sue in small claims court.

) He damages my reputation via public media (internet).

How was your reputation damages? Leaving negative feedback is not actionable.

) He uses dirty and humiliating language to harass me causing emotional suffering.

Using dirty and humiliating language is also not actionable.

Forget about all of the other stuff -- just sue him to get your $400 back.

 

[justwonder123]

Thank you all for your good advice.