Want to pursue Legal Action against ebay user

[EbayBob]

Thanks JETX....That information was what I was looking for. See for me, I wouldnt have a clue on how to go about filing a motion for dismissal and what to say to go about proving lack of jurisdiction/venue, etc. So if I were in his shoes, and knowing I will probably have to pay it in court anyway, I would just pay the $620.00 and avoid the hassle, and I doubt I make what this person does.

You are also correct in my not KNOWING his financial situation, but just in the investigation I have done.....He lives next to a Golf course, bought a Mercedes Benz SL Sport on ebay of all places, bought a football helmet with Tampa Bay players signatures on it for $500.00, Bid on 4 different pairs of colts playoff tickets for same game totalling $2,200.00 then refused to pay apparently because he decided he would rather attend the Jets vs Chargers and flew to San Diego to do so. Then the following weekend went to Atlanta to watch the Falcons playoff game. So at least in my little bit of investigation, it sure would appear this person has money to burn.

 

[Fat Tony]

Maybe hes a drug dealer with no verifiable income or assets, and has 100 other judgements against him already. Maybe he'll use the papers hes served to roll his weed it. Too many maybes, i'd just take it as a loss, and a good lesson. When selling something such as this on e-bay that will have no value after a certain date, do a buy it now with immediate payment. That way the winning bidder has to pay for them, or else you'll get stuck holding the bag.

 

[EbayBob]

The saga continues....

I am still pursuing legal action against this Florida ebay user, and he now has his lawyer involved. He is threatening to sue me with criminal action for selling tickets on ebay over face value(Interesting his client still bid on them). I understand this to be the case in Florida, but my understanding was there is no law against this in Indiana. Even ebay has a list of the states where this is the case, and Indiana isnt one of them.....Can anyone confirm this comment from his lawyer?

Both Florida and Indiana have statutes relating to
unauthorized sales by non-ticket brokers of event tickets, sometimes
referred to as "scalping." In Florida, regardless of whether the event is
in state or out-of-state, a sale for event tickets may not realize more than
$1 more than face value. Please see Florida Statute Section 817.36, which
makes such a practice a second degree misdemeanor. Indiana's statute is
almost exactly similar.

 

[JETX]

I am still pursuing legal action against this Florida ebay user, and he now has his lawyer involved. He is threatening to sue me with criminal action for selling tickets on ebay over face value(Interesting his client still bid on them). I understand this to be the case in Florida, but my understanding was there is no law against this in Indiana. Even ebay has a list of the states where this is the case, and Indiana isnt one of them.....Can anyone confirm this comment from his lawyer?

I have done a cursory review of the Indiana Code and can't find anything prohibiting the resale of event tickets for profit.

As for Florida, here is a link to the statute cited:
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0817/SEC36.HTM&Title=->2004->Ch0817->Section 36#0817.36

I have reviewed this thread and don't see anything showing where the game was played..... that would be the critical issue.

This guys threat of criminal law applying is a bald bluff. Even if it does apply, there is no way that any prosecutor would accept charges with you being out of their 'reach'. I wouldn't let this claim slow down my pursuit of the 'buyer' (if that is what you still intend to pursue).

You might also want to review this other similar post:
https://forum.freeadvice.com/showthread.php?p=821809#post821809

 

[EbayBob]

JETX....I appreciate the response, and to answer your question the game was in Indianapolis, Indiana. In regards to the overall issue, I wanted to post what I have done so far so others can take note.

I went ahead and located the county court in Florida where this person lives and contacted to Clerks office to get information on what forms to fill out to file the suit and what the fee's associated would be that the defendant would be responsible for paying, assuming I win the case. I copied the Florida ebay user on this inquiry email, and for the first time he responded and tried to discourage me from suing by stating that scalping was an illegal act in Florida and he would take criminal action against me if I took him to court. I replied with another email showing the policy on ebay for selling tickets which contained all the states that had statues against scalping, Florida being one of them, but not Indiana, thus telling him I was doing nothing illegal. He replied with an offer to pay face value for the tickets with some other snide remark, but I replied that I had already given him a chance in Squaretrade mediation weeks ago to settle for face value and he refused to respond, but at this point I may be willing to compromise and settle for something inbetween.

Even though my son thought I was an idiot for not taking the face value, I felt good about my response after I received an email response back from the Clerks office stating if I win the case, the defendant would have to pay the 155.00 filing fee and other services in addition to what I was suing for. They also informed me that since I was out of state, I could request to do the hearing via phone and not have to travel out there, and that this was typically granted in small claims cases.

After forwarding this information again to the Florida ebay user, the next response I got was from his lawyer. It not only threatened to sue me for criminal act of scalping tickets, apparently sighting an Indiana Statute that JETX seemed to confirm what I suspected in that it doesnt exist, but also threatened to file second degree felony charges for extortion because of something I said in one of my emails...here is his comment....

Further compounding the problem, you have decided to throw
second degree (15 year FSP) felony extortion into the ring, by demanding
payment in exchange for not slandering or defaming my client, and by
demanding payment for an act criminal in and of itself. You have, I remind
you, made this extortive threat via email, and I have proof of this in
writing.

I dont know what he is refering too, cause the only thing I can recall sending that he could be refering to was my stating that as soon as I received his payment of 620.00, I would be willing to contact ebay and try to remove the negative feedback I had already left.....which I found out later actually cant be done.

Anyway....also in his lawyers email was the settlement offer of 450.00, which at this point I will probably take just to get this behind me. It is much less than the 620.00 he bid on the tickets, but 50.00 more than face value and probably worth avoiding the hassles of court.

If anyone has any questions or other comments regarding this, please let me know and I will be glad to give you more details.

 

[JETX]

also in his lawyers email was the settlement offer of 450.00, which at this point I will probably take just to get this behind me. It is much less than the 620.00 he bid on the tickets, but 50.00 more than face value and probably worth avoiding the hassles of court.

Take it.

$450 in hand, especially since it is above your cost, is a great deal considering the hassle and ordeal of your filing a lawsuit.... with no guarantee of winning. Take the money and sign a mutual release (have his attorney draw it up). Be satisfied with the $450.... and the fact that he presumably had to also pay an attorney.

 

[EbayBob]

Hopefully my last question.....

The Florida ebay user's lawyer in his email to me, stated the following....

"Both Florida and Indiana have statutes relating to
unauthorized sales by non-ticket brokers of event tickets, sometimes
referred to as "scalping." In Florida, regardless of whether the event is
in state or out-of-state, a sale for event tickets may not realize more than
$1 more than face value. Please see Florida Statute Section 817.36, which
makes such a practice a second degree misdemeanor. Indiana's statute is
almost exactly similar."

Later in his email he states this....

"I can assure you that I am deadly serious about this matter and the accuracy of all the information contained in this email transmission"

This to me is threatening me with false information referring to an Indiana statute that doesnt exist. And as a lawyer, shouldnt he be liable for making sure his information is accurate before threatening with it?

 

[JETX]

This to me is threatening me with false information referring to an Indiana statute that doesnt exist. And as a lawyer, shouldnt he be liable for making sure his information is accurate before threatening with it?

Though I certainly don't condone his claims or conduct... it is not terribly unusual to make this type of claim in trying to 'negotiate' a resolution.

I suggest you overlook this issue and accept the $450 and move on.

 

[EbayBob]

I agree with you JETX, and plan to take the 450.00, however he apparently is planning on putting together a release agreement, and refers to me agreeing that "no defamation on ebay will occur".....Here is his full statement.....

"However, my client has authorized me to offer ONE final olive branch to
settle this matter before I turn the file over to the Hillsborough County
State's Attorney Office for prosecution. He will transmit the sum
of $450 to your approved account, and you will send to him the tickets to
evidence that you did not in fact sell them, , no defamation on eBay will occur on either side (as my client could certainly post negative feedback for your allegedly criminal collection activities), and both you and he will sign an appropriate release. This will dispose of the matter, and both you and my client may move on to greener pastures."

What he is refering to is another false accusation that he made in his email.....

"Further compounding the problem, you have decided to throw
second degree (15 year FSP) felony extortion into the ring, by demanding
payment in exchange for not slandering or defaming my client, and by
demanding payment for an act criminal in and of itself."

What he is stating, I did not do. What I did do was offer, if it was possible, to remove the "negative feedback" I had already left on ebay as a courtesy if he paid the full 620.00. I have since found out this is not possible anyway. So not sure what he is referring to with extortion, and if he is wanting me to sign something that I wont put negative feedback towards his client, it is too late. So do I need to explain this to his lawyer before he draws up this release agreement, or just wait and see what he comes up with and deal with it at that time?

 

[JETX]

What he is stating, I did not do. What I did do was offer, if it was possible, to remove the "negative feedback" I had already left on ebay as a courtesy if he paid the full 620.00. I have since found out this is not possible anyway. So not sure what he is referring to with extortion, and if he is wanting me to sign something that I wont put negative feedback towards his client, it is too late. So do I need to explain this to his lawyer before he draws up this release agreement, or just wait and see what he comes up with and deal with it at that time?

No. Simply put your ego (and this problem) aside for a few minutes, accept their offer, sign the release and get your payment.
Or, you can tell them that you are going to take your chances in court.... and see what happens.