OP
OP
GameyMcGame
Well-known member
People can sue over anything they want. Whether or not the court will hear the case is a different story I suppose.
BAD EBAYER: eliminategas AKA: Chuck Fitch
- Thread starter GameyMcGame
- Start date
I'd like him try to find lawyer to take that one! Just ignore him...or better yet, tell him you have all of the pics, etc. from his auction to prove that the chips were missing, you have proof it was sent back to him and you weren't refunded, and then give him your (or any) lawyer's name and number and tell him they'll be expecting his call. I guarantee you'll never hear back from him again!
You might want to reply to his negative comment adding that "seller refused refund unless positive feedback given". Might as well tell the world how this guy operates.
I agree...that's not how feedback works.
OP
OP
GameyMcGame
Well-known member
He now says he's suing me (well, he spelled it sueing) in small claims court in MI since I didnt change his feedback to positive after ebay refunded my money.
My response to him would be:
"Do what you wish. You are on notice, do not contact me here again else it would constitute harassment and I will call your local police department to report it. You're email address has been added to my SPAM filter. Fuck off."
OP
OP
GameyMcGame
Well-known member
Yeah, I told him to contact my attorney (and included contact info). His reply was that he's suing me for not changing my feedback on him to neutral or positive after ebay refunded my $$$...Issue is, anyone can sue anyone in small claims and if I dont show up, he'll likely win the 'case'. Dont really care, it's $80...
Last edited:
If he follows through, counter sue for court costs, loss of employment for the day, and "pain and suffering"... then show up with all your documentation. Win and HE'LL have to pay you.
SuperSprint
Well-known member
FIRST: IANAL, nor do I pretend to be one. My comments are my opinions, and worth less than you paid for them. If you want legal advice, go hire a real lawyer. That said; He's probably full of ****, but here's a little perspective for peace of mind.
- For his suit to mean anything, he has to prove the following; Your post was false, You knew it to be so at the time you made it, and he suffered damages as a result. Once that has been established, he has to substantiate and monetize those real damages. Ask yourself this; Assuming he proves his case (very unlikely), what is the total momentary loss resulting from your one negative post of eBay? Offer him $0.25 (or an arcade token) as a settlement.
- It varies by state, but generally he must sue you where you reside. If he sues you in his state, respond to the suit with your locale and a claim that he has filed in an improper
- Once posted, feedback cannot be edited or removed. he's suing you not because you made libelous statements, but rather because you failed to take an action which you are in capable of performing. Assuming the lawyer missed that in his ranting, draft up a well worded email to that account, and his attorney will probably drop him like a rock. You simply cannot make a civil case for failing to take an action which you have no contractual obligation to perform unless their actions have caused you harm.
Last edited:
OP
OP
GameyMcGame
Well-known member
Yep, understood (kind of).
Its not a civil case, simply small claims. No pain and suffering etc. His case makes no sense to begin with. His grounds incorrect feedback, and I assume the remedy is the cost of the item. Neither are reasonable. If my feedback was abusive or against ebay policy, he could have them pull it and this would be over. I'm sure he's asked them to pull it and they havent since THEY gave me my $$$$ back, not him.
qbass187
Well-known member
Don't worry about it. The guy is full of shit.
if you get papers in the mail, which again I totally doubt, there will be information on it for what you need to do to respond.
Or HEY, take it to the PEOPLES COURT. They pay everyone an appearence fee so win/win.
Either way I wouldn't sweat it, he's just trying to bully you into changing feedback (which I didn't think was possible...) or withdrawing it completely. The cost to sue you over it will prevent him if he was even slightly serious.
Just syain'...
...not to mention... If you didn't lie in your feedback (pretty sure you only used facts + a little flavor, right?) you're ALLOWED to express an opinion with feedback on eBay. That's what it's there for. 
Also, he could only prove that YOU were hurting his business if YOU were the only one that posted negative feedback.
He's had several.
Also, he could only prove that YOU were hurting his business if YOU were the only one that posted negative feedback.
He's had several.
SuperSprint
Well-known member
Only two types of case, civil and criminal. The rest is just various types of damages.
I agree. But it's more than unreasonable, it's not supported by law. Because it's pointless otherwise, let's say for argument's sake that your feedback was a lie, you knew it, and he proved it to the court. The next step is for him to demonstrate how he was harmed and what is just compensation for his damages. Typically this means money, but it could mean a box of oranges or whatever. Regardless of what he is requesting as compensation for his losses, he doesn't just get to arbitrarily set the amount at the price of the product you two argued about. What if you were arguing over a car, or a house, or even a $1M lottery ticket?!?
In this case, he has is product returned to him. Restocking or shipping costs may be due depending on the terms of sale, but even that's not relevant as he's not suing you for that. Ignorant wording aside, he's trying to sue for damage to his reputation from one negative feedback. So what's the "value" of his loss? I would argue about $0.10 (MAX)
Last edited:
gutsman004
New member
The guy's full of it.Just block his e-mails and ignore him.I'm surprised ebay hasn't suspended his account for poor performance since his feedback is in the low 90s.That's horrible!
Check your eBay agreements and see if he's limited to binding arbitration under the laws of the state of California even when dealing with another eBay user.
If it's in there, he's hosed and you have grounds for dismissal.
If it's in there, he's hosed and you have grounds for dismissal.
VectorJunkie
Well-known member
That is basically feedback extortion. That has to be a bankable offense from ebay. I would respond to his feedback with this to warn others. If the feedback threat was on ebay's messaging system, I would report it.
Nice, Congrats.
Well congrats on the ebay win, I assume paypal saw for you as well?. you mentioned ebay but not paypal.
Your feedback is great without the personal jab (ebay will not leave those up so suggestion is )
Item was sold as complete and working, it was neither and when I sent back (per his request) for a refund he didnt refund, Paypal Investigated and refunded me.
IF You used paypal.
Well congrats on the ebay win, I assume paypal saw for you as well?. you mentioned ebay but not paypal.
Your feedback is great without the personal jab (ebay will not leave those up so suggestion is )
Item was sold as complete and working, it was neither and when I sent back (per his request) for a refund he didnt refund, Paypal Investigated and refunded me.
IF You used paypal.
Last edited:
wow.
apparently I dropped in on the earlier part of thread.
I wouldn't stress anything from him. I would although do two things.
1 respond to his response on the feedback and state.
Boards returned EXACTLY as I got them to seller. anything missing was missing when he shipped them.
then also take his i will sue blah blah crap messages forward them to ebay and show that he is harassing you for feedback alteration and or removal and 10 to 1 once they check into that you would probably see his account turned into a suspension.
apparently I dropped in on the earlier part of thread.
I wouldn't stress anything from him. I would although do two things.
1 respond to his response on the feedback and state.
Boards returned EXACTLY as I got them to seller. anything missing was missing when he shipped them.
then also take his i will sue blah blah crap messages forward them to ebay and show that he is harassing you for feedback alteration and or removal and 10 to 1 once they check into that you would probably see his account turned into a suspension.
