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I'm being sued because of PayPal?

Old 01-30-06, 02:32 PM
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I'm being sued because of PayPal?

Long story short:

I send Mr. X $90 for an item

3 weeks go by and I don't receive it

I call PayPal and they say to file a dispute - I do

After a while PayPal sides in my favor (no tracking number) and reissues $8 and puts the squeeze on seller for rest

Mr. X, who had been very nice until now, says he has the receipt and is going to take me to small claims court


1)Can he do this?
2)He lives like 10 hours away so how would that work if I wanted to argue him
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Old 01-30-06, 02:35 PM
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I think you smell, I am going to sue you.

Unfortunately, you can be sued for anything. Not sure about the 10 hours away thing, that's annoying.

You can, of course, countersue and I believe extract some $$$ for your expenses related to the "trial."
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Old 01-30-06, 02:36 PM
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Has what receipt?
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Old 01-30-06, 02:36 PM
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When you didn't receive it did you call Mr. X and follow up or go straight to Paypal?
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Old 01-30-06, 02:37 PM
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Tell him to bring it. Then at then end of that sentence, include a drawn out "biiiiiaaaaatch."
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Old 01-30-06, 02:37 PM
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Sue him in your local small claims court before he sues you.
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Old 01-30-06, 02:37 PM
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I remember when I took my deadbeat rental company to court. After I won, I had the judge read his decision over again....in case the other side missed some of it while fuming.

-p
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Old 01-30-06, 02:40 PM
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Originally Posted by pedagogue
I remember when I took my deadbeat rental company to court. After I won, I had the judge read his decision over again....in case the other side missed some of it while fuming.
nice
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Old 01-30-06, 02:41 PM
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He says he says the receipt from the PO when he mailed it. PayPal still didn't care and said he had no proof that it was ever delivered - hence why I won.

So would I actually have to drive there or lose the case?
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Old 01-30-06, 02:41 PM
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Dear Sir,

As an attourney for Mr Namrufmot, I have been instructed to inform you that he welcomes your request to sue. Please address all further correspondence to my office. For your own benefit, I request that your letters be ledgible and avoid crayon whenever possible. As you will be liable for all of my billable hours when you lose this case, you will save a significant amount of money by making your documents easy for me to read and promptly dispose of.

Thank you,
Bill S Preston, Esq.
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Old 01-30-06, 02:45 PM
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So what exactly is he suing you for? You're not taking any money from him, Paypal is, I would think he would have to sue them. Of course I'm not a lawyer and I frequently get legal questions wrong, so what do I know.
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Old 01-30-06, 02:45 PM
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So would I actually have to drive there or lose the case?
What state does he live in and are you still in Rhode Island? Some states say that you have to file where the defendant lives, others say you can file either where the plaintiff or defendant live.

And for you lawyer types, assuming Rhode Island and wherever this seller is located have different laws, which state's laws would apply in this case?
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Old 01-30-06, 02:48 PM
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There is only one solution......


JUDGE JUDY!!!

(Or whoever is popular name. I know judge Wopner isn't around, and i'm not sure about Joe Brown, etc)

-p
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Old 01-30-06, 02:49 PM
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Without a delivery confirmation or a signature that the item was received, his receipt only proves that he sent it. That is what tracking and insurance are for.
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Old 01-30-06, 02:50 PM
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Originally Posted by Heat
And for you lawyer types, assuming Rhode Island and wherever this seller is located have different laws, which state's laws would apply in this case?

That can be a very tricky question. Was this for an auctioned item? Did the item description say anything about what state's laws would apply, or where the contract was deemed to be consummated? Different states deal with internet sales differently - I have no idea what RI law says about this.

Namrufmot - has the seller already filed suit against you? I still say file a preemptive suit in your local court.
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Old 01-30-06, 02:53 PM
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No this was not an auction...just an item he had for sale. Nothing fancy about what state's laws would apply, etc.

I told him he should have gotten a tracking number or incurance, etc...

No, nothing has been filed yet...just a threat to
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Old 01-30-06, 02:56 PM
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Originally Posted by X
Has what receipt?
Playing innocent, eh, Mr. X? Shame on you.
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Old 01-30-06, 02:57 PM
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Wouldn't his problem be with Paypal, not you? Paypal is the one that took the money away, you just made a complaint. I'm fairly sure that he'd have to go after Paypal. And from what I've heard, he would be far from the first person to bring legal action against Paypal for situations like this.
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Old 01-30-06, 02:57 PM
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Originally Posted by Bandoman

Namrufmot - has the seller already filed suit against you? I still say file a preemptive suit in your local court.
What would the reason be for filing the suit? Is threatening to sue a legal reason to be sued?
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Old 01-30-06, 03:01 PM
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Originally Posted by Timber
What would the reason be for filing the suit? Is threatening to sue a legal reason to be sued?

Namrufmot hasn't gotten all his money back yet. He could sue to recover the rest of his $, and he should file suit first to get the case before his local court. That way, if the seller files suit in his state, Narufmot can go to that court and say that the case is already pending in RI, and the seller can file any counterclaim in that action. It would thus be on Namrufmot's home turf, and the seller would have to travel 10 hours to argue the case.
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Old 01-30-06, 03:06 PM
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Originally Posted by Goldblum
Playing innocent, eh, Mr. X? Shame on you.
Yeah, he did such a nice job of disguising the guilty party.
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Old 01-30-06, 03:09 PM
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Originally Posted by Bandoman
Namrufmot hasn't gotten all his money back yet. He could sue to recover the rest of his $, and he should file suit first to get the case before his local court. That way, if the seller files suit in his state, Narufmot can go to that court and say that the case is already pending in RI, and the seller can file any counterclaim in that action. It would thus be on Namrufmot's home turf, and the seller would have to travel 10 hours to argue the case.
Oh I thought he already got the money back, thus the seller wanting to sue him.
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Old 01-30-06, 03:12 PM
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Originally Posted by Timber
What would the reason be for filing the suit? Is threatening to sue a legal reason to be sued?

Well, it would make more sense for the person who paid $90 for an item and not recieve it to sue someone who would in a sense file a law suit for $8 that paypal took from him.

Sounds like the guy is simply trying to do a scare tactic. Laugh at him because a small cout claim for $8 would get him laughed out of court.
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Old 01-30-06, 03:52 PM
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He can stick his receipt up his ass. How's anyone gonna know what he actually mailed?
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Old 01-30-06, 03:52 PM
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Originally Posted by Jackskeleton
...Sounds like the guy is simply trying to do a scare tactic. Laugh at him because a small cout claim for $8 would get him laughed out of court.
Maybe, maybe not. The first step in filing a small claims court case is demonstrating that you attempted to settle the situation yourself and the defendant didn't go along. This could be the seller's attempt to make this demonstration. Or he's bluffing.

As for the $8 claim, I remember seeing a $5 case on The People's Court with Judge Wapner. It was for a lost or broken skate key, if I remember right. The plaintiff won and Judge Wapner made a note of how little it was but that this was what the court was for... small claims.
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