Sold laptop on Craigslist - 3+ years later, buyer wants refund

[zddoodah]

In at least most states it is not abuse of process to file a lawsuit that turns out to be time barred. In general there is nothing wrong with filing the lawsuit if it is otherwise a potentially viable claim (aside from the statute of limitations issue). California does not hold otherwise. "In order to succeed in an action for abuse of process, the plaintiff must show that the defendant contemplated an ulterior motive in using the process, and committed a willful act in the use of the process not proper in the regular conduct of the proceedings." Galdjie v. Moses, No. B187754, 2006 WL 2773886, at *4 (Cal. Ct. App. Sept. 28, 2006). The Court went on to note that the mere filing or maintenance of a lawsuit is not itself an abuse of process. Id.

Yup, and there are plenty of officially published cases that say so. "Simply filing or maintaining a lawsuit for an improper purpose . . . is not abuse of process." Bidna v. Rosen, 19 Cal. App. 4th 27, 40 (1993); see also JSJ Limited Partnership v. Mehrban, 205 Cal. App. 4th 1512, 1523 (2012) ("the mere filing or maintenance of a lawsuit—even for an improper purpose—is not a proper basis for an abuse of process action."). Both of these cases are cited in the Sources and Authority section of the CACI jury instructions that are quoted previously in the thread.

The appropriate tort in this situation would be malicious prosecution. However, case law interpreting California's anti-SLAPP statute over the past 10-20 years has made that tort almost impossible to prosecute successfully.

 

[quincy]

Even the Indiana Supreme Court struggled with finding an appropriate way to deal with Zavodnik, a clearly abusive litigant. Awarding attorney fees to a defendant wrongfully sued is possible - but small claims generally involve no attorneys.

 

[heyitsr]

Welp, I got served to go to small claims court (individual had a friend walk up and leave the SC-100 form) on my doorstep. The individual listed a purchase date of 02/28/20, when in reality purchase date was back on 07/29/2017. Any chance I can have this court date waived with proof of the actual purchase date (I have copies of back and forth text messaging with the buyer)? I have a friend who is a lawyer looking at different options to take, thought I'd also reach out to you all for guidance. I'm expected in court on 01/04/21, oy vey....

 

[adjusterjack]

Any chance I can have this court date waived

No. The SC-100 is an ORDER TO GO TO COURT and gave you a date to appear. There is no filing an answer or motions. You just go and you raise your defenses in court. It's informal. The first defense is the statute of limitations.

I have copies of back and forth text messaging with the buyer

That's good, if the judge accepts the authenticity of the copies. Do you still have the messages in your phone? If you do, showing the judge your phone or photographing the screen with the messages might be a little stronger. Hedge your bets if you can.

While you are arguing the SOL, point out to the judge that the plaintiff committed perjury on the complaint form when he lied about the purchase date. Note that he signed it under penalty of perjury. If the judge agrees that the statute of limitations ran out at two years then you ask for a dismissal with prejudice so the lawsuit can't be filed again later.

If the judge does not agree to the 2 years, you proceed with your as is defense.

Do you also have a copy of the "transfer" document that you referred to earlier. That would show that you made no warranties or guarantees and the laptop was bought as it. Might also help to have your original purchase receipt to show that it was practically new when you sold it. Again, hedge your bets.

 

[quincy]

Welp, I got served to go to small claims court (individual had a friend walk up and leave the SC-100 form) on my doorstep. The individual listed a purchase date of 02/28/20, when in reality purchase date was back on 07/29/2017. Any chance I can have this court date waived with proof of the actual purchase date (I have copies of back and forth text messaging with the buyer)? I have a friend who is a lawyer looking at different options to take, thought I'd also reach out to you all for guidance. I'm expected in court on 01/04/21, oy vey....

Although you cannot have an attorney for a small claims action in California, nothing prevents you (other than perhaps money) from seeking guidance from a California attorney prior to your hearing. It is nice that you have a lawyer-friend assisting you.

Here is a link to a California “self help” checklist for small claims defendants:

https://www.scscourt.org/self_help/small_claims/defendant/defendant_checklist.shtml

For the court hearing, appearance and attitude matter a lot. You should show respect for the court and respect for the judge. You do this by dressing professionally (no tee shirts or jeans or shorts or baseball caps). You should not smell of smoke or sweat or heavy cologne.

Address the judge as “Your Honor.” Be polite. You should speak only to the judge (not to the plaintiff/purchaser). You should speak only when it is your turn to speak.

Do not interrupt or argue or roll your eyes or raise your voice or make faces, even if what the plaintiff says is nonsense.

You should call the court IN ADVANCE of your hearing to learn of any special court do’s and don’ts. If cell phones are not permitted in court (and there is a good chance they aren’t), you will need to get permission in advance to use your cell phone to show your text and email evidence.

When it is your turn to speak, state facts and be brief. It helps to carry an index card with bullet points printed out so you do not forget to say what you want to say.

Don’t be too nervous. Small claims court judges are generally good and patient people and you appear to have a solid defense.

Good luck.

 

[heyitsr]

No. The SC-100 is an ORDER TO GO TO COURT and gave you a date to appear. There is no filing an answer or motions. You just go and you raise your defenses in court. It's informal. The first defense is the statute of limitations.



That's good, if the judge accepts the authenticity of the copies. Do you still have the messages in your phone? If you do, showing the judge your phone or photographing the screen with the messages might be a little stronger. Hedge your bets if you can.

While you are arguing the SOL, point out to the judge that the plaintiff committed perjury on the complaint form when he lied about the purchase date. Note that he signed it under penalty of perjury. If the judge agrees that the statute of limitations ran out at two years then you ask for a dismissal with prejudice so the lawsuit can't be filed again later.

If the judge does not agree to the 2 years, you proceed with your as is defense.

Do you also have a copy of the "transfer" document that you referred to earlier. That would show that you made no warranties or guarantees and the laptop was bought as it. Might also help to have your original purchase receipt to show that it was practically new when you sold it. Again, hedge your bets.

Thanks for your input, unfortunately, no copy of transfer of ownership or receipt (never thought I would be dealing with this 3+ years later). I am certain the doc we signed was only transfer of ownership, no promises or warranty made.

 

[quincy]

Thanks for your input, unfortunately, no copy of transfer of ownership or receipt (never thought I would be dealing with this 3+ years later). I am certain the doc we signed was only transfer of ownership, no promises or warranty made.

You can only tell the truth, support the truth the best you can with the evidence you have, and hope that the judge reacts as we did here.

Good luck.

 

[Mass_Shyster]

I have copies of back and forth text messaging with the buyer)?

Also get copies of your cell phone bills showing that those text messages were sent when you claim they were sent. You should also bring all the cell phone bills for this year, showing that no such text messages were sent in February of 2020.

 

[heyitsr]

Also get copies of your cell phone bills showing that those text messages were sent when you claim they were sent. You should also bring all the cell phone bills for this year, showing that no such text messages were sent in February of 2020.

Unfortunately, all conversations were done via Google Voice (don't like giving out my number for Craigslist/Marketplace activity). I'll have a timeline written out of the dealings along with screenshots of back and forth messages. I'll have my phone ready to present for the judge to review messages from the source if need be.

 

[quincy]

Unfortunately, all conversations were done via Google Voice (don't like giving out my number for Craigslist/Marketplace activity). I'll have a timeline written out of the dealings along with screenshots of back and forth messages. I'll have my phone ready to present for the judge to review messages from the source if need be.

It sounds like you are preparing properly for the hearing. Good luck.

 

[LdiJ]

Do come back and let us know the outcome!

 

[quincy]

Do come back and let us know the outcome!

That would be nice. We often don’t hear the outcomes.

 

[zddoodah]

Any chance I can have this court date waived with proof of the actual purchase date (I have copies of back and forth text messaging with the buyer)?

No. Present your evidence at the time of trial. At that point, you'll get to see whether the judge believes your evidence is sufficient to constitute "proof."

 

[quincy]

heyitsr appears to have a good case to present to the court. I am actually surprised that the purchaser has decided to sue.

 

[bracknelson]

What is the name of your state?
California

Hi All,
I originally purchased a brand new/sealed MacBook laptop from craigslist for use on a project, I ended up not using the laptop so I resold to an individual on Craigslist. The individual recently reached out (3.5 years after point of sale) stating the system was locked out (not my doing, assuming the cause was the original owner/company). The buyer is now asking for a refund or he'll take me to court. Understanding the right thing to do would be to refund the money, the system worked 3+ years and is now depreciated. Should I expect this holding up in small claims court and having to refund the full amount? In an awkward situation, would appreciate any feedback/guidance.

Thanks!

I think there is no need to pay a refund, because 3 years are more than enough you can't take responsibility for a lifetime