Hi everyone. I’m pretty shook up on this. All I need is some idiot trying to sue me. But here goes.
Location: Physically South Florida. Lawsuit filed in Hackensack, New Jersey, Bergen County.
Scenario:
I have been trying to finish my childhood collection of Meanies. They are a twisted spin-off of Beanie Babies in the 90s. I purchased one I was missing on eBay. The seller listed the item as new so I bid. The photos being used were a stock image from a database website, so I didn’t pay them any mind.
When I received the product the basketball that is supposed to be attached to the plushie was missing. The glue residue was still there, though. No big deal, the seller accepts returns…. So, I initiated a return and thought that was the end of it.
The seller started messaging me and immediately started threatening a lawsuit. He told me to check his listing photos as proof, to which I told him that those were stock photos from another website, not the actual plushie… absolutely provable as they are still up! Further I said this would be the only thing I typed since he threatened legal.
I left eBay feedback with photo evidence of the conversation stating that the seller is rude and will threaten you with legal action. Remember, seller threatened me before I left any feedback. The only thing I did was request a return which was instantly accepted because the seller offered returns as part of his listing.
Seller replied to my feedback stating, again, I would be sued and that I deliberately damaged the merchandise in order to ruin their perfect record. Then he states that there never was a ball with the plushie. This part confuses me. If the ball was never there, then how did I damage it? Which is it? Second, I was returning because this was not “new” as the listing had stated because the ball was missing.
Seller began messaging me again. I shouldn’t have, but I did… I replied. Called him on the website he got the stock images from and sent him a picture of what the plushie should look like new (ball in hand).
I have a feeling this seller is just fishing for free money for those that do not show up to court. How would I show up to New Jersey from Florida? I received a summons for 14-July.
Ugh. This whole thing is giving me one killer headache. I know nothing of what I should do other than get all my evidence together and know that I have to call the court tomorrow to request a virtual hearing.
How is this real life? I feel like the $5,000 he is trying to sue me for should be reversed for the harassments and frivolous claim.
The complaint states that I alleged in an eBay statement that he damaged the plush by applying glue to it. This is absolutely dumb because I made no such statement or accusation that it he damaged it. I simply said the ball was missing and there was glue residue where the ball should have been (i.e. the glue is what held the ball in place).
Here is my exact feedback:
“Seller is rude and will threaten you. Seller used stock photos from a 3rd party website for his item, which were not an accurate representation, and listed the condition as “New”. When received, I notice the item was missing a piece and and the glue residue on the hand where it should have been. I notified the seller of this and he proceeded to call me a liar and claimed the 3rd party website photos as his own. When I gave him a photo of the real item, he continued to throw insults.”
I’m nervous as all hell because I am not a eloquent speaker. I get tongue tied very easily. I’m afraid I’m going to look stupid and lose a case based off not being able to adequately speak. Do I need an attorney for this? How do I even do that from Florida? Can I even afford that? Can attorney fees be recouped when this lawsuit is in my favor and/or dismissed?
Comments
Go through the eBay dispute process. Don’t communicate with the seller. It’s highly unlikely you get sued over this. If you do it would be in small claims court. If he sues contact the court and ask if you can handle this remotely. But in thw end eBay has a process to handle disputes.
If it’s small claims and you attend remotely, just tell the judge what happened. Sounds like you didn’t do anything wrong. Prepare a written statement if necessary