Does THIS constitute a THREAT? Legal question.?

Question

I have a problem with someone from the Florida Area.... and im in Los Angeles. This was over an eBay dispute.

He has sent me numerous emails, and eventually it came to this.

I need to know if this will hold in court, or any legal matter.
I need to know if the words he used were actual THREATS?
Can i get a restraining order on him?

His reply #1
"You mentioned small claims court. That will be the first time you are not the defendant, you dipsh*t. I'll be in L.A. in two weeks. I'll look you up."

His reply #2
"What time are you usually home. I already have your address. I can stop by and we can discuss this further"


Those were the replys.

Answer 1

I saw your other question as well.
Im sure you did not intentionally sell him a fake rolex... but it happens. Anyway, refund him.

To answer your question, i think technically its not a direct threat, but make sure to let him know his UNWELCOME. If he does come, invite him inside your house... and if he makes a wrong move, or show intent to hurt you, have your husband, or neighbor beat the crap out of him. Since he was unwelcome, it will show that his intent was to harm you.

Answer 2

No, you need to solve that issue with the fake Rolex before he continues to pursue you legally. Those words in his replies can not be considered a threat by themselves.

Do you still have the money that you received for the watch? Convert that to a money order and send it certified mail back to him as soon as possible. He will not come out and do anything if you take care of your responsibility.

Answer 3

Best to steer clear of conflicts and confrontations within the eBay community.

There is no reason for a dispute to be furthered into legal action.

You are buying/selling merchandise in a digital environment. As much care should be placed in deals online than in real life.

If you are a seller, and you have severly irritated a buyer, offer them a refund before they have a chanse to fling insults your way.

Buyers/Sellers will normally work out a dispute mutually before using ebay as a means of complaint. IE. Negative feedback, non-performing seller procedures, stikes, etc.

Threats shouldn't normally be taken too seriously. Will this low -life really take the time, effort, and money to track you down? Leaving a negaive feedback is a usually a last resort for people who can't communicate/negotiate.

Answer 4

I do not know California law, but in Florida, where I'm an attorney, those statements could be considered to be incidents of harassment. It really depends on to what he was replying.

Personally, he sounds like a guy who gets off on threatening people through the anonymity of the Internet. If you feelotherwise, go the your local clerk of courts office and file an injunction action against him.

Answer 5

Because you are both in two different states it would be considered a federal case. The state charge of terroristic threatening would not be applied to this case because the victim and suspect are residents of two different states; additionally it would be hard to prove in court because he does not make a specific threat of causing you bodily harm. Your best bet would be to speak to a detective in person so that he takes you seriously. Inform him about the emails and see if he can do anything for you. Also, contact ebay and let them know about the email threats. They will almost certainly kick him off ebay. What is his user id, I would like to look this jerk up myself.

Answer 6

All of this BS over Ebay????

Good grief....just send him a refund or whatever and get over it.

I sell on Ebay occasionally and once in a while purchase something so I am very familiar with the process. If he has purchased something from you that he is unhappy with, just refund his money.....that's the way it works on Ebay.

There is no earthly reason for all of the nonsense and talk about small claims court.

Answer 7

i'm very worried on your mom's and your safe practices. Step a million you should get a restraining order. this can lay the starting place of a historic previous of positioned up divorce craziness on the area of your father. those days Oprah did an finished educate on abusive relationships and targeted on a narrative about a guy who tried to kill his spouse a number of years when they divorced. This befell in the Cincinnati area. the former husband had visitation rights and both youthful daughters were taking area in conceal and search for in the daddy's abode. mom got here to %. up the children. the daddy lured her into the abode by a conceal and search for interest pointing out that the girls ought to appreciate mom searching for them. antagonistic to her more effective judgment she agreed to take area. once the mum became in the front door, the daddy hit her over the top and knocked her out. He then positioned her in a garbage can and filled the trash can finished of snow, positioned it in the back of the %.-up truck and then he and the daughters drove to a storage facility he had in a neighboring state. The spouse had her cellular telephone in her pocket and became in a position to dial 911. lengthy tale short, she spent 19 hours in the trash can. the daddy is in reformatory for existence. base line, even as a guy is abusive and/or harbors one of those hatred that you describe, you opt to be careful. Get as a ideas faraway from this guy as you are able to.

Answer 8

Call your state law bar association to find out. The state bar associations often give free legal advice.

Make sure you write back to this person and explicitly tell him that he is absolutely not welcome at your house to discuss this and tell him that if he shows up anyway, you will call the police.

Contact Ebay and ask them to help you resolve the issue.

Good luck and God bless!

Answer 9

Sounds like a threat to me. I would call your local police department just to be safe and see what they have to say i would also let eBay know about his threats.

Answer 10

On the face of it, these are not threats. If he comes unbidden to your door, then call the police.