Ebay buyer threaten to sue me over $28?

brownsauce215 · #1 12-01-2013

This is bothering me quite some bit, but a buyer on my real account received an item, says he doesn't like it, and have claimed he sent it back. I never receive anything from him.

Now he has requested my information from ebay, and just texted me this message today:

"
*****my name *** this is Matt Brunk from eBay. This is going beyond eBay support. Your facing a lawsuit. If you continue to ignore me you will be taken to court and then 40 won't seem so bad. I'm giving you 48 hours to respond. I have PROOF the package was delivered but unmarked as so from USPS. My lawyer is Natlia Utrera and you'll be hearing from her in a few days if you don't want to comply.
"

Apparently he has proof it was delivered but it was unmarked by usps? Then what does he has to claim that an item has been delivered?

Anyway, sounds like a this user is a turd for texting me this threatening message for a $28 item.

Should I be alarmed? What you guys think / do in my case?

LilyPily · #2 12-01-2013

Call on his bluff. Tell him you'll be happy to see him in court. Claim will get thrown out of court due to lack of evidence.

MM78 · #3 12-01-2013

1st....Did the buyer give you a tracking number?
If so he might have a case with Paypal.

2nd, He's full of ****, the buyer is trying to scare you...most likely he wants to keep the item and get his money back.

This is why it's better to fly under stealth.

Just give him the money back and call it a day.

Natlia Utrera...hahahaha

**TGMT²** · #4 12-01-2013

Quote:

Originally Posted by brownsauce215

buyer on my real account

Buyer on your "real account"...

Absolutely no reason not to call eBay and have your situation on file.

Has there been feedback left yet? If not, all the more reason to call.

jeffweico · #5 12-01-2013

You're kidding right? This actually worries you?

"I have PROOF the package was delivered but unmarked as so from USPS"

If the package is unmarked by the USPS as delivered, then WHERE is the PROOF of delivery?

Also, while anyone CAN take you to court for ANYTHING they want to, there is NO court that will grant him a judgment based on the fact that his proof of delivery is that "He said so". That is proof of NOTHING.

And people like this will always rant and rave that once in court, they will take your house, your car and every cent you could ever hope to earn until the day you die as damages. But guess what? Even though there ARE some mega-cases we all hear of with obscene awards for damages, they are few and far between. In most cases, judges will only award damages that are reasonable and that were actually incurred.

My guess is this is a scammer who is looking for a free item. I would report him to eBay and be done with it.

toml3030 · #6 12-01-2013

"I have PROOF the package was delivered but unmarked as so from USPS."

B-U-L-L

there is no such thing as 'delivered but unmarked'

There are 3 ways someone can prove that something was shipped

1. certificate of mailing bought at the counter

2. buying insurance, as all insured packages are automatically tracked

3. buying postage electronically with a tracking number

If he has 'proof' that something was delivered, then he should have no problem producing one of the three above.

Just write him a nice note back that you would be happy to face a small claims suit in your local court and if he wants to come to where every you are and file a lawsuit for forty bucks, you'd be happy to oblige.

toml3030 · #7 12-01-2013

Quote:

Originally Posted by jeffweico

And people like this will always rant and rave that once in court, they will take your house, your car and every cent you could ever hope to earn until the day you die as damages. But guess what? Even though there ARE some mega-cases we all hear of with obscene awards for damages, they are few and far between. In most cases, judges will only award damages that are reasonable and that were actually incurred.

also, there would be logistical problem of unless you have physical presence in the local jurisdiction, they would have to come to where your business is to file a suit. Not very likely for forty bucks.

vogeltron · #8 12-01-2013

Highly doubt it. I have never seen a Lawyer work for less than $100. Maybe in some small rural town or something $50. Sure you are going run up a bill trying to solve a $28 item dispute. I don't even know a lawyer that would take that case unless it is someone's mommy or daddy. Any they would probably just give them envelope to mail some kinda nasty looking letter or something to make it look official.

This is probably some dumb kid of something. What kind of person text message people anyways. A man dials the phone and leaves a message especially if you are talking legal problems etc. Sounds like a little kid.

slapped · #9 12-01-2013

Quote:

Originally Posted by brownsauce215

. My lawyer is Natlia Utrera and you'll be hearing from her in a few days if you don't want to comply..............

Yea, I saw BOTH Versions of True Grit,,,The Original With John Wayne, and the ReMake with Matt Damon,,,This A$$hole buyer of yours sounds just like that Girl in True Grit always threating everyone with her Lawyer,,,

Tell that LOWLIFE Scam Artist Buyer of yours to go sit on a Hot Hard one under some Oak Tree in the country somewhere, instead of trying to scam you out of a few bucks

Sooner · #10 12-01-2013

As others have stated ~ this is BULL! I previously worked as a legal assistant (and still do legal transcription work from home) and the amount the buyer would have to pay to hire an attorney and/or file a claim in small claims court is MUCH more than the money he's trying to get out of you. My DH and I recently filed a small claims case against a 19-year-old that was racing, lost control of his car and crashed into our yard causing thousands of dollars in damage. Because he was racing his insurance denied the claim and paid nothing. We had to pay $120.00 ($45.00 filing fee plus $75.00 process server fee) to file the claim against this guy. Also, a claim must be filed in the jurisdiction/county where the defendant (in this case, you) resides.

I agree ~ call his bluff as he's most likely a scammer.

BigCJ · #11 12-02-2013

Dear Ahole buyer: Have your lawyer contact me directly, as I will no longer communicate with you directly. Better yet, I will contact your lawyer and ensure that you are indeed a client and not just tossing names around since I have your personal information. Please note, that you could be sued by the attorney for using their name and not actually being their client.

I would like to know when you will be in my jurisdiction to sue me.

I will be counter suing for harassment, extortion, and possible defamation if my account suffers directly from your personalized attacks over the $20 some ot dollars.

I will also be forwarding all of your contact information and legal procedures to ebay and paypal to ensure that they have been advised of your intentions.

Enjoy your holidays and try to sleep at night.

Sincerely,

A seller you wont screw over.

Dunersdunes · #12 12-02-2013

Dont send the letter cj wrote. Ul look like an idiot. No small ckaim court in the usa allows an attorney present. None.

It will cost him 5x more just to file in small claims court then what lawsuit is for. Lol.

So dont listen to post prior. You cant have an attorney in small claims. No one can. Thats a federal statue not a state statue.

Gamefreak · #13 12-02-2013

cj took care of it for you. send that you will be fine.

Sandy D · #14 12-02-2013

Professional buyer who is an idiot.

1. Send the message over to ebay as they are not allowed to threaten you.

2. If it was delivered and you have proof they have no leg to stand on.

3. Tell them to bring it on. It will cost them not only attorney fees and if it does even get to court it will cost them court fees and you can counter sue for your time lost in your job etc. for a frivolous lawsuit.

4. Dont worry.

mercurial333 · #15 12-02-2013

Lol 28$.

There's companies out there that don't take you to court for thousands or tens of thousands of dollars. 28$.... chuckle.

rsot · #16 12-02-2013

Prepare for a negative feedback and move on in life - $28...geez what a situation hah

oompaloompa · #17 12-02-2013

do not reply....

here you cannot even go to small claims court for that sort of amount anyway...and you do not need attorneys for that.

also you can only claim what you have lost inc court expenses etc..no more

wouldn't his first fall-back be a card chargeback anyway not court.

Gamefreak · #18 12-02-2013

Why can't i ever get idiot buyers like these.

If he sued me he would regret it as he would probably owe me his month payment check or even more that one day of work i took off to take care of this BS lawsuit.

LoopHole · #19 12-02-2013

You really believed him? Come on dude...

You really think someone will go through all that trouble for 28 bucks?

Gamefreak · #20 12-02-2013

Quote:

Originally Posted by LoopHole

You really believed him? Come on dude...

You really think someone will go through all that trouble for 28 bucks?

On ppls court ppl have sure for 20/30$ crazy really

newjerseymax · #21 12-02-2013

I have had threats from REAL lawyers and im still not quacking in my boots... If your ducks are in a row then nothing to worry about. There was no criminal intent.

Its a joke....

rsot · #22 12-03-2013

Quote:

Originally Posted by Gamefreak

On ppls court ppl have sure for 20/30$ crazy really

They are paid well to be on tv