A guy sold me a fake turquoise pendant on Ebay.
It had grinding marks on the setting.
Real stones are not set and grinded to fit setting.
The stones also did not pass a burn test. Real stones do not burn. Rock does not burn or melt.
The real thing gets soot on it which rubs off.
This is a real test others know about. I did not make this up.
I sent the pendant back to him with signature conformation.
It took Ebay’s Resolution Center to settle my Claim.
They got my money back but I think that seller got kicked off Ebay.
He said he will sue me for defamation of caricature.
Now a certified letter is at my post office from an attorney in
Waco, TX. The Seller is also from Waco so I am guessing the seller is now trying to sue me.
What if I never sign for this certified letter?
Do they send someone out to my home to serve this letter?
Or do they just have to put an ad in the paper?
I don't show up, I loss.
2007-12-01 06:35:18 · 6 answers · asked by crobi47 2 in Politics & Government ➔ Law & Ethics
The Feedbach I left said:
Beware! Fake item & No refund
I paid 2 insure, seller did not insure the item
2007-12-01 10:27:20 · update #1
Yes, you could be sued for defamation of CHARACTER (not caricature) depending on your eBay feedback.
The rules of service (if indeed this is a summons and complaint) will vary depending on whether you are in or out of Texas. Because there is the possibility of a default judgment, you should go get the letter and see what their game is.
My suspicion is that it's a nasty, ominous letter written to scare you into settling. Take it to an attorney for a free consultation (along with a copy of your eBay feedback about him and any other communications you made with eBay about him) and he/she should be able to quickly outline your options.
2007-12-01 07:11:46 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, you're actually not, by utilising federal regulation! in case you get carry of any merchandise interior the mail which you probably did not order, you're below no criminal duty in besides to return it or pay for it. you're easily unfastened to do something with it which you relatively prefer. i prefer to propose which you enable the seller comprehend what you won, and grant to return it on the seller's cost. Ask the seller what the prestige of your merchandise is. If the seller sent your merchandise to somebody else, i prefer to propose which you ask for a whole refund consisting of delivery extremely of waiting for the different guy or woman to return it and then the seller to deliver it lower back. If at any element the seller is non-responsive, open a SNAD (severely not as defined) declare in eBay.
2016-11-13 03:57:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The seller defrauded you, apparently. You complained. Go read the mail first.
If it is notice of a defamation of character suit, then:
If you still have the fake pendant, have it appraised by a licensed jeweler. Make a copy of the appraisal, send it to the lawyer, and advise him/her of your intent to countersue for harassement.
Then take the letter and the original appraisal to a lawyer and inquire into a countersuit for legal harassment. In the case of a lawsuit, you have a good case but it is still possible to lose by doing nothing - i.e. a totally passive defense. This is a case you can easily win, but not by sitting still.
2007-12-01 06:48:07 · answer #3 · answered by The_Doc_Man 7 · 1⤊ 1⤋
go win the case. ebay gave you your money back and they are the ones who kicked him off ebay. you didnt defame him because your concerns were legit and everyone but him agreed and you got your money back. now go get your mail.
2007-12-01 06:41:38 · answer #4 · answered by Anonymous · 1⤊ 0⤋
get the mail. the guy doesn't have a foot to stand on. you proved he is a fraud and ebay will back you so don't worry.
2007-12-01 06:46:19 · answer #5 · answered by glamour04111 7 · 1⤊ 1⤋
no
2007-12-01 06:39:12 · answer #6 · answered by Mary Jo W 6 · 1⤊ 1⤋