Forum

Re: Mc999 - Sherinian law
 

you can forget about warnings , they can indeed take the balance , the account itself they do not need

Re: Mc999 - Sherinian law
 

You should be ashamed of yourself,learn your lesson and find something else to sell and stop wasting everyone time

Re: Mc999 - Sherinian law
 

Do not reply to the emails - stop the activity, do not repeat - only action is needed if you get a registered letter in your real name mailed to you - unlikely to happen but you need to be aware

Re: Mc999 - Sherinian law
 

Ok, thanks for the advice guys. Will keep you updated.

Re: Mc999 - Sherinian law
 

Plaintiff has charged Defendants with violations of the United States federal law prohibiting patent and copyright infringement, and moved for a default judgment order against Defendants who have not been dismissed from the case. The motion is taken under advisement. Any objections or responses are due by 1/24/2025. Attached is the Court's minute order.


NOTIFICATION OF DOCKET ENTRY
This docket entry was made by the Clerk on Tuesday, January 14, 2025:


MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment as to certain defendants [65] is taken under advisement. Any objections or responses are due by 1/24/2025. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 1/16/2025. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order, and (2) send an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them, attaching a copies of plaintiff's motion for default judgment, memorandum in support thereof, and this Order, and containing a link to the updated website. Mailed notice(air, )


That information was sent recently by email.

Re: Mc999 - Sherinian law
 

it is a psychological operation , do not react as long as you do not receive anything from court

I can repeat once again , if you should deny you are the seller they will have no way to prove it in a civil court case , that is only doable with law enforcement

and it is highly recommended to remain silent until you hear from court directly , if this happens at all

Re: Mc999 - Sherinian law
 

And? What is being said in this thread about e-mail...forget and move on, don't take action - if registered letter is mailed than you should get legal counsel. All the best.

Read what murdered just wrote above.

Re: Mc999 - Sherinian law
 

Again, while email can be used to contact, it has a burden of proof that the notice was delivered. If they're serious, they will send by certified letter that is signed or a court-ordered officer that will "serve" the notice.

Unless you are delivered or served, quit entertaining the rest.

Re: Mc999 - Sherinian law
 

the very fact they have been sending these emails shows a scare tactic and that they are not keen to take you to court but are trying to scare you into paying out of court

without any replies from you they can not even estimate how this case is going to develop , maybe this email does not even belong to you

if they are serious they would need to at least contact you directly by mail to figure out what to do , for example to see if you admit that you were selling these items by telling them it is not your fault , you did not know anything , you will never do it again

Re: Mc999 - Sherinian law
 

Psychological operation getting to the OP indeed

Re: Mc999 - Sherinian law
 

For Christ sake,go to a lawyer !!!!!!!!!!!!!
There are legal forums with lawyer manning the site

Re: Mc999 - Sherinian law
 

he needs to be careful though , a lawyer wants to make money so that they may recommend to go into litigation

Re: Mc999 - Sherinian law
 

No one works for free.

Re: Mc999 - Sherinian law
 

lawyers charge by hours , even a simple one hour long consultation may cost hundreds of dollars

so that the word free can not be applied here at all

Re: Mc999 - Sherinian law
 

https://www.aspkin.com/forums/ebay-s...-decision.html

What happened to that guy. Same guys sent him his email

Re: Mc999 - Sherinian law
 

Nothing happened to them. In what world did they think they were going to get a guy from Brazil into court.
You've been told several times that this firm of lawyers are on a fishing trip hoping to scare you into handing over money voluntarily.

Let it go, do nothing.

Re: Mc999 - Sherinian law
 

Not the best move given the circumstances - not only will OP spend money but also the lawyer will be more than happen to do useless communication, costing money and potentially leading to worse situation - ease up agent

Re: Mc999 - Sherinian law
 

if you cany serve the time,then dont do the crime.
Go see a lawyer,there is no lawyer here !

Re: Mc999 - Sherinian law
 

Seriously.... stop.

He's here asking for our knowledge and we are giving it to you... it's a forum.

It's for asking questions.

Re: Mc999 - Sherinian law
 

It looks like she is still not getting an answer,it is time to ask a pro.

Re: Mc999 - Sherinian law
 

I told you to stop, not going to tell you again.

Or should I put you on time out for a few months this time?

Re: Mc999 - Sherinian law
 

I have this from another forum , this is what I was talking about. They have no idea who they are taking to court and are interested to find out their true identities by them giving out that information voluntarily

https://insight.rpxcorp.com/litigati...ments/15535596

"On information and belief, Defendants either individually or jointly, operate
one or more e-commerce stores under the Seller Aliases listed in Schedule A attached
hereto. Tactics used by Defendants to conceal their identities and the full scope of their
operation make it virtually impossible for Kunshengze to discover Defendants’ true identities and the exact interworking of their network. If Defendants provide additional credible
information regarding their identities, Kunshengze will take appropriate steps to amend
the Complaint."

Re: Mc999 - Sherinian law
 

you can read approx. from points 15 to 25

it says it all , they can not take people to court because they do not have names. they also write that there are lots of stores using false data , same people having many stores , hiding from them not allowing to shut them down , discussing ways on forums to circumvent them

so that eventually they are taking the shops to court so that they get shut down and people who contact them and let them know their details confirming they are the sellers

so you go to a lawyer , they contact them on your behalf und you will be sued for damages if you do not settle. all others have just their shops closed

Re: Mc999 - Sherinian law
 

the strategy here should be as I outlined before , deny everything , you know nothing. you do not react to any correspondence which does not come from a government agency / organization like court , police , bailiff etc.

private parties can not do anything to you if they do not have a permission but they can terrorize you psychologically which they do regularly

Re: Mc999 - Sherinian law
 

OP has got a lot of solid advice - what he/she decides to do is their own choice.

murdered is right - more like a fishing try...if OP responds in any way and provides info, fish attempt successful...

Re: Mc999 - Sherinian law
 

My eBay account has my real details, is that going to be a problem ever? How is it they get your entire payout from eBay? Isn’t that wrong? It’s a lot they’re doing just for listing one item for sale without giving a warning that the person’s not allowed to sell it before looking in taking them to court.

Re: Mc999 - Sherinian law
 

Slowly you're proving more info - what were you selling? Time to be more open - it still seems like you're not reading all the info from wise posts here...

Re: Mc999 - Sherinian law
 

I sold an item that they said I can’t sell but it’s something that I thought you can sell. The item is a stretch finger device. I never sold it yet but I did remove the listing after I got their email. What I’m asking is, my eBay account has my real details such a way if the company wanted my real details from eBay, eBay will give it to them to use a way to take me to court. What would’ve been better in that way is a stealth account, if that matters at most. If they said they have my real information from eBay and say I used my store to sell their item, just say my account was hacked?

Re: Mc999 - Sherinian law
 

I’m saying this on the timeline that you guys said not to speak to them ever if they are trying to contact me

Re: Mc999 - Sherinian law
 

saying your account is hacked is a poor excuse.
There are ways to find out if your account was hacked,but thats not the problem.

so you were listing the finger stretch thingie,is that authentice or knockoff and where did you get it?or do you are doing dropshipping?
what did you do wrong according to the manufacturer?
selling a counterfeit or you have no right to sell it?

Re: Mc999 - Sherinian law
 

It’s an item from Amazon.com

Re: Mc999 - Sherinian law
 

you do not speak to them in any way , if they call you play dumb

you only say something if you get official correspondence , you do not need to say anything about hacked as it implies it is your account

you say you do not know who they are and what they are talking about , you did not sell anything on ebay

keep in mind , they have to prove it is you , you do not need prove anything. you just must not ignore correspondence from court if it ever comes

although I bet this will not go further as long as you remain silent. it is the same as with criminal cases - believe it or not but in america about 50% of criminal convictions are based on confessions

there are loads of cases where
any evidence whatsoever appears only after the suspect disclose it voluntarily without understanding what they are doing

Re: Mc999 - Sherinian law
 

do not think it is just a civil case , you admit to them selling counterfeits they may also report you to the police , that would be a confession

whether you knew or not is not that important

Re: Mc999 - Sherinian law
 

It’s an item from Amazon.com. Wouldn’t be a counterfeit. Also, we have the right to sell anything brand new from Amazon.com and it wouldn’t be a problem. eBay and the company should get in trouble for that. Todays Jan 24th.

https://dockets.justia.com/docket/il...cv08005/439543

That timeline says there’d be an update in a month. We’ll see what they in a month. Thanks for the information.

Re: Mc999 - Sherinian law
 

that is not how the law works , if you bought something at a suspiciously low price and started reselling for profit you would be made responsible if it turns out to be counterfeit

you said you did not manage to sell it , this is your best defense along with silence as they do not have any proof of you selling counterfeits unless you tell them that. even if you tell on the phone they could still make witness statements

contrary to popular belief , witness statements can be accepted as evidence by court as long as the witness is found to be credible. they can even find cell mates credible who testify that a defendant admitted committing that and that crime while being in the same holding cell with them

it is like in the saying , speech is silver , silence is gold

Re: Mc999 - Sherinian law
 

you said you did not manage to sell it , this is your best defense
-
The fact that she listed the item means she intends to sell it.

Re: Mc999 - Sherinian law
 

that would also mean that no test purchase was made , although I do not believe it was about one copy here , I think the OP is not quite honest in this point

Re: Mc999 - Sherinian law
 

I just listed the item with a quantity of one. It was bought from Amazon.com. Didn’t think it was illegal to sell it. It was bought from Amazon.com where I’d have the option to resell it on eBay, without any issues.

Re: Mc999 - Sherinian law
 

Is it from AMZN or from an AMZN third party seller?
If it is a third party seller,he could be selling on Ebay as well.

Re: Mc999 - Sherinian law
 

Shipped by Amazon.com but sold by independent seller. Still, if it’s new, I have the right to sell it. I was just selling one.