Buyer threatening to sue.. input needed please

[abbylilyd]

Sold a watch 40 days ago. 7 days after delivery The buyer said that the watch wasn’t working I expressed my concern and I was surprised because it was working fine when I packed it everything was very cordial I agreed to pay a portion of the cost of repairing.. but didn’t specify or agree to how much. buyer said they were going to get an estimate I asked for a copy of the estimate received it two weeks later it was $280 and the work had already been done. One reason I asked for the estimate was because I have a family jeweler and I wanted Her to take a look at what they were going to do and what it was going to cost my family jeweler was not going to charge me at all I explained this to the buyer and explained that I was shocked that it would be repaired without my consent with such a hefty price tag ..and said I wasn’t comfortable paying 180( that’s how much was demanded) when I never agreed to that amount nor was given an alternate option..now the buyer who is an attorney is threatening to sue me for the cost of the watch the cost of the repair and all of the legal fees this buyer lives in another state and is claiming I will have to come to their state for court. eBay says they have no case. PayPal says the same. Thoughts?

[lamber9347]

Just adding one more "forget about it" for you to hear....

• Anyone can sue anyone in a court of law, but in order to win they have to prove their case and only are put in whole by the courts
• These types of sales are not under any sort of warranty
• PayPal and eBay are correct they have no case
• They can't sue you for the cost of the watch PLUS the cost of the repair
• Court fees are automatically paid by the defendant if the plaintiff wins
• In small claims court a plaintiff cannot hire an attorney then charge the defendant for those fees, small claims court is created with no need for any attorneys at all
• You never agreed to any amount for the repair
• Any repair would have to be reasonable
• They would have to file in your jurisdiction
• They are not an attorney....

[abbylilyd]

Thank you everyone! Ok.. so I did absolutely say I am sorry please return for a full refund! She absolutely IS an attorney,I looked her up.

( although I am now considering reporting her to the bar if this gets any uglier, for threats and intimidation) here’s what she responded: 

“This is a unique and rare item and as such I have the option to mitigate my damages and keep the item. You’re transacting business in Austin Tx by selling goods to Austin residents so I would be filing in Travis County and serving you with papers in Livonia. You will need to appear in court in Travis County.”

yep.. that’s exactly what her response was.. I live in Michigan. Told her nicely that she has no jurisdiction here, but ok.

It’s VERY cold here! Happy Holidays  and ty everyone!

[abbylilyd]

Question posted by another person,  “can a lawyer intimidate me” 

[a_c_green]

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@inhawaii wrote:

I am also an attorney. I also do part time work as a commercial airline pilot and a male underwear model.  😃

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Not all at the same time, I trust. ("Attention passengers: We will be landing in Cleveland as soon as I file my briefs...")

[soh.maryl]

You neglected to mention your starring role in a Netflix movie, your plans to make your third climb up Everest and the war chest you are accumulating so you can run for president next year.  

[whatmorefabric]

Probably is the same attorney that my customer on Amazon has that is going to sue me for 3.84 .

[earlyant-77]

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@a_c_green wrote:

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@inhawaii wrote:

I am also an attorney. I also do part time work as a commercial airline pilot and a male underwear model.  😃

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Not all at the same time, I trust. ("Attention passengers: We will be landing in Cleveland as soon as I file my briefs...")

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Or change them ... "Sorry for the lightning strikes and the weather related rough flight".

[namele365]

🙂

[monster-deals]

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@abbylilyd wrote:

 eBay says they have no case. PayPal says the same. Thoughts?

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Case? Ebay and paypal shouldn't be your legal counsel but anybody can sue anyone for anything.

Will they actually sue you? Doubtful.

If they get it fixed tell them to return it, I doubt they want to pay for "repairs" and not have the watch.

Tell them to pound sand.

[corvettestainless]

@abbylilyd  Thoughts?

As others have stated

1.) they have to sue you at YOUR HOUSE, not where they live.

2.) You have messages that said 'they were going to get an ESTIMATE'. Let them sue.

Actually I would invite them to sue. Tell them to dress appropriately for the plane ride as they will have to sue you in your jurisdiction and then tell them you plan on simply showing the judge printouts of 'our conversations' where the buyer was to simply get an 'estimate' and not fix it. 

[wesk_36]

Despite the fact that you agreed to pay a portion of repairs, the amount was never negotiated or given. You asked for an estimate,  they said they repaired it.

I would tell her to return for a refund and leave it at that and then don't respond anymore.

The buyer said that they altered the item on their own, (if they actually did) which negates any protections.

They sound like a bully and attempting extortion, in my opinion.

It sounds like they are abusing their position to intimidate you.

I think your mistake was being nice to them by offering some resolution other than telling them to return for a refund.  Generally, bullies think nice people are entertainment and easy targets.

Truth is, they could actually try to sue, you can also refuse certified letters.

[mam98031]

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@wesk_36 wrote:

Despite the fact that you agreed to pay a portion of repairs, the amount was never negotiated or given. You asked for an estimate,  they said they repaired it.

I would tell her to return for a refund and leave it at that and then don't respond anymore.

The buyer said that they altered the item on their own, (if they actually did) which negates any protections.

They sound like a bully and attempting extortion, in my opinion.

It sounds like they are abusing their position to intimidate you.

I think your mistake was being nice to them by offering some resolution other than telling them to return for a refund.  Generally, bullies think nice people are entertainment and easy targets.

Truth is, they could actually try to sue, you can also refuse certified letters.

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Why?  They are well outside of the seller's return policy.  It was the buyer that was slow to respond to the seller.  Why should the seller have to extend their return policy time frame?

[wesk_36]

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@mam98031 wrote:

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@wesk_36 wrote:

Despite the fact that you agreed to pay a portion of repairs, the amount was never negotiated or given. You asked for an estimate,  they said they repaired it.

I would tell her to return for a refund and leave it at that and then don't respond anymore.

The buyer said that they altered the item on their own, (if they actually did) which negates any protections.

They sound like a bully and attempting extortion, in my opinion.

It sounds like they are abusing their position to intimidate you.

I think your mistake was being nice to them by offering some resolution other than telling them to return for a refund.  Generally, bullies think nice people are entertainment and easy targets.

Truth is, they could actually try to sue, you can also refuse certified letters.

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Why?  They are well outside of the seller's return policy.  It was the buyer that was slow to respond to the seller.  Why should the seller have to extend their return policy time frame?

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I should have said "I would have told her" instead of "I would tell her" given that it was 7 days after delivery that the buyer complained.

[mam98031]

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@wesk_36 wrote:

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@mam98031 wrote:

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@wesk_36 wrote:

Despite the fact that you agreed to pay a portion of repairs, the amount was never negotiated or given. You asked for an estimate,  they said they repaired it.

I would tell her to return for a refund and leave it at that and then don't respond anymore.

The buyer said that they altered the item on their own, (if they actually did) which negates any protections.

They sound like a bully and attempting extortion, in my opinion.

It sounds like they are abusing their position to intimidate you.

I think your mistake was being nice to them by offering some resolution other than telling them to return for a refund.  Generally, bullies think nice people are entertainment and easy targets.

Truth is, they could actually try to sue, you can also refuse certified letters.

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Why?  They are well outside of the seller's return policy.  It was the buyer that was slow to respond to the seller.  Why should the seller have to extend their return policy time frame?

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I should have said "I would have told her" instead of "I would tell her" given that it was 7 days after delivery that the buyer complained.

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Yes at that point that is what I would have said too.  But now they are at 40+ days.

[fashionandform]

I agree with wesk_36, If a buyer has altered an item ( i.e 'repaired' it)  it negates protections.  Extortion is not taken lightly by Ebay-  I would save all my documents and correspondence and talk to someone in Ebays trust and safety dept and see what they say ( get their name, date of call etc).  Also if this person leaves you neg FB you would have a good case for removal.

Also report him now ('report this buyer' in drop down menu) .  Block him too.