I had a winner for an item on a well known online auction,I had stated VERY clearly the forms of payment I except,She paid in a form I do not except,(money order), The item was shipped after I made her wait a while,She claims she never recieved the item and is making threats of small claims court. I have delivery conformation from the USPS that she recieved the item.If she is stupid enough to actually file for a $19.00 item won't I win?Would I be able to respond by mail or something with the delivery conformation proof and avoid actually going to a court room?Both parties are in N.Y state,would she have to travel to MY home town to file?Would I recieve some sort of paper in the mail? How does the whole thing work? Any info would be helpfull on the small claims court procedure.
2007-08-17 13:02:05 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you have delivery confirmation from the USPS, that should prove your case. She would have to argue the item was not in the package she received. The burden of proof would be on her. You would probably have to go to court. I don't know if she could file in her town or if she would have to come to you. If the auction clearly indicated what forms of payment were accepted, you could have refused to ship the item and returned the money order.
2007-08-17 13:09:35 · answer #1 · answered by STEVEN F 7 · 1⤊ 0⤋
She would file a suit in Pro SE or small claims court. Usually, the filer will also opt to have the subpoena delivered by the Sheriff. It would cost about $100. 200.00 to file a claim against you. I really would not worry about it. She can not claim punitive damages. Even for the sake of argument she did sue, and prevailed you still could refuse to pay. There's really not much she can do after that. She might try a lien on your home, but again it would cost much more money. She has to prove that you ripped her off intentionally. If you did indeed mail the item in good faith and she did not get, oh well. Some people love to throw around the "S" word without really knowing all that's involved. If it bothers you that much, give her a refund. Personally, I would not speak to her again. Just give her money back. Good luck.
2007-08-17 20:11:08 · answer #2 · answered by D squared 6 · 0⤊ 0⤋
She's most likely bluffing, but if she was to sue you, you would be notified by being served papers to appear in court, and as long as you have the delivery confirmation, you would most likely win.
2007-08-17 20:09:47 · answer #3 · answered by TiK 3 · 1⤊ 0⤋
Send them a copy of the delivery confirmation with the note, "MAKE MY DAY!"
2007-08-17 20:08:05 · answer #4 · answered by Lavrenti Beria 6 · 2⤊ 0⤋
Go on Judge Judy and the two of you split $5,000..........she doesn't have a case, not if you have proof of delivery.
2007-08-17 20:09:45 · answer #5 · answered by Outside the box 6 · 1⤊ 0⤋
No she does not, all u need is the receipt that the package was picked up or claimed
2007-08-17 20:06:46 · answer #6 · answered by >♥Cat♥< 4 · 1⤊ 0⤋
Yes, send the item and stop being a thief!~!
2007-08-17 20:09:58 · answer #7 · answered by Hunter 4 · 0⤊ 2⤋