chad, how did u get ripped off?? I havent herd nothing from him either, ill keep u updated...

 

just an FYI, a 'written private message' doesn't constitute crap. internet conversations and/or phone calls carry no water.



now mail fraud you may have a case with...

 

I had some punk try to screw me for $7.00 on ebay for some Camaro parts about 3 years ago. I talked with the local police in New York (can't remember the small town though) and they were more than happy to go put this jacka$$ in jail for the holidays. I never got my $7.00 part, but he spent xmas and new years in jail. That was more than owrth it. It seems he had done this to bunch of people and I got all of their names off ebay, spoke with them and had them call the officer. It ended up being more than $3,000 in parts he screwed people on and the local police and DA did not take kindly to that. I never heard what happened to him after the new year, but I had a smile for the holidays!!!!!

 

dmoor88
Please elaborate
Exactly where does your information come from??? Do you have any case reference to such?
A written contract or verbal contract is binding in all senses... As long as you can establish identity with justifiable proof.
And phone calls are certainly acceptable as a binding verbal contract provided identity is established, concise agreements are reached, and you have recorded such...
Do you have any legal background?
Just curious, not intending to be a *****
Besides the point... I included a clause with my money order which should/will be sufficient grounds

 

um my girlfriend is into her second year of law school at baylor law. does that work for ya?

 

inquired 8/30, funded 8/31 paypal, pkg sent 9/03 fr 48414, rcvd 9/10 via USPS w/ p/n 16214681 = LT4 KM from "shoebox" list (thanks)
good luck w/ your pursuits, hopefully just a mistake...

 

Qualifies her... Possibly
Although I am just guessing but she has probably gone through civil procedure, criminal law overview, criminal procedure, analysis, intro to contracts, and property at this point... At least that's what I had first year and most law curriculums are similar
I didn't get to constitutional law, consumer protection, evidence and contract interpretation until later on
Either way if she is in baylor then she's definately ahead of the pack... Good school

Chimpy:
Just sent you a pm... Forgot to ask
Who was the package from (name wise)
Mine wasn't sent until the 4th... Looks like you may have gotten lucky
At least someone got what they ordered

 

you got to be kidding me i most of got them mixed up but god, slander my name and dont even get ahold of me first im not that hard up for 20.00 ill send it back to you just shoot me your address....ive never ripped off anyone and give me a break 20.00.......sorry for this but you are a little ridiculous....

 

BAM, there he is.

 

Not taking any sides here. So no flames.
In many states threatening people with “frivolous” lawsuits over trivial monetary value is viewed by many state attorneys offices as extortion. “if you don’t pay back my $10 by 1:00 on Tuesday I will file charges against you and it will cost you thousands” That level of “extortion” in most states is a felony punishable by jail time or fines because it is a threat with a value placed on it. Extortion is loosley defined as forcing someone to act in manner that that in the course of normal action, unusual that has a monetary value or impact. There have been many people end up with the tables turned on them because a district attorney gets mad because the buyer feels cheated and has turned the matter into a pissing contest, when in court the judge asks the seller “do you have Mister Smith’s (buyers) $10 and are you willing and able to pay him today?” then the next thing you know Mister Smith is wearing shiny metal bracelets. A lot of case law supports this as it is becoming a bigger and bigger issue with feedback ratings on sell sites like e-bay and so on. Where the threat of negative feedback could have a financial impact on a sellers earning potential. As a matter of policy e-bay reports every instance that they are made aware of to the state attorney in the person’s making such a threat state. If the state wants to make issue they can. Most state attorney’s are becoming more and more educated on the financial impact of such a threat or feedback and are routinely seeking warrants and charges before a grand jury for such activity. The bad thing is that whatever state the person being threatened in is where the case will reside. So if you live in California and threaten someone in New York the charges will happen in NY. Please do not take my word for it, make a trip to your local law library and do a search for extortion. Most cases as of the last few years have been related to internet sales or the resolution of sales gone bad. You can also get a pretty good idea of what defines extortion and frivolous lawsuits by looking in Blacks law dictionary. That will give you case law references that you can read to get a much more detailed understanding. There was at one time, haven’t looked for bit, some reading on e-bays web site outlining the above.
No advice here or no sides taking, just be informed of what you say and do as a displeased buyer may have far more legal impact on you that you can ever imagine.

 

Good info
I assume you are refering to H.R. 4571, the Lawsuit Abuse Reduction Act. (which by the way was filed by Lamar S. Smith of TEXAS)
Problem with your arguement is that it doesn't apply for many different reasons.
First: It has only passed the House Judiciary Committee and is on the floor still for next week.
Second: I have substantial grounds/evidence for a civil case
Third: When fraud or intent to defraud was the motivating/contributing factor in a case one is seeking repercussion... NOT monetary gain
Fourth: I think you need to redefine your terms of "frivolous". The application in this case is not relevant. (frivolous lawsuit example, which usually involves an ignorance factor, would be like suing the weather station for an incorrect weather "PREDICTION")
Fifth: Ebay has different terms/conditions that do not apply in any manner to this case.
But I do understand where you are coming from... I am just seeking a resolution to this matter. No more, no less.


LEATHAL Z:
The whole issue is that you have NOT returned any forms of contact throughout the ENTIRE process so exactly how would I "get ahold of you first"?

I have sent you a reply via email... Hopefully we can resolve this matter

 

FWIW, I emailed him about an item he had for sale... took him a weke o answer that email. When he did, he told me he had been working a lot and wasn't online much anymore.

If he didn't respond to complaints but DID to potential sales, then I could see it being more of a problem...but not responding to either is more likely to indicate he actually IS busy.

but like I said, take that FWIW.

 

That's basically the sum of it though...
The first message showing interest and payment info was responded to within 24 hours
After payment was sent I didn't hear from him for 12 days
I think everone on here can respect the fact that free time is usually sparse for the majority of people
Honestly all it would have taken was a courtesy 1 line reply saying I am working my butt off and will drop you a line as soon as possible... BUT I got nada

 

I bought a cam from him and it showed up a few days later. It all looked good.

 

If i dont have anything for sale on here or everything has all ready been taken care of and mailed out i have no reason to get on here everyday....i didn't realize their was a problem until yesterday when i checked my mail, thats why there was communication when i was selling and not afterwards....how am i to know there was a problem it was a mistake....and everything will be taken care of today...please dont slander anyones name like this again...it takes alot of trust for people to buy on this board....and one bad thing even if it wasn't true will ruin somebodys reputation.....thanks