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Would small claim court hold up for Paypal dispute?

D

DigitalCancer

Diamond Member
So...I bought my wife a purse on eBay ($200) and it was stated in the auction as 'NEW' condition with tags. When it arrived (after very bad communication from the seller) the tag was 'taped' and there was a brown makeup spot on it. I contacted the seller about this multiple times with no response, offered pics, etc. After 5 days I started a dispute with PayPal...10 days later no response what-so-ever on ebay or paypal from the seller so Paypal refunded me and told me that I wasn't required to send the merch back if the seller was to contact us at a later date. Tonight the seller finally contacted me again and stated that he wanted it shipped back and if we didn't then he would file in small claims court in Cali (we're in Indiana).

My question is...does he have any grounds if I was to keep the item? Not that I want to but more curious and his communication was terrible and I really don't care for his threats when he hasn't even given me an address to send to yet.
 
That's what I was thinking....he's definitely foreign (very bad english) and I'm not even sure the purse is real (Coach) as I have yet to take it to my local coach store (b/c we were going to keep it until we noticed the blemish). I mean...the only way that I would return it at this point is if he agrees to pay the shipping back (no way am I going to be out the money on shipping when he lied about the item description).
 
DigitalCancer said:
That's what I was thinking....he's definitely foreign (very bad english) and I'm not even sure the purse is real (Coach) as I have yet to take it to my local coach store (b/c we were going to keep it until we noticed the blemish). I mean...the only way that I would return it at this point is if he agrees to pay the shipping back (no way am I going to be out the money on shipping when he lied about the item description).
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If it's counterfeit doesn't paypal have you destroy it?

http://forums.anandtech.com/showthread.php?t=2217251

But if the person offers to pay for shipping I would have no issue with sending it back but until then you have a crappy new purse.
 
tell him to pay for return shipping if he wants it back

no loss on your part, if he disagrees, then tell him to sue you.

you've got nothing to fear
 
Lifted said:
Donate it to Goodwill and send him a scanned copy of the receipt.

Save receipt for taxes. :awe:
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Could I get into any trouble over that? lol...actually sounds like a good idea just b/c he was a total ass.

I did get a response from him when I asked him to pay shipping and he agreed for me to send him an invoice for it.
 
You're fucked. Paypal doesn't have the same set of laws to operate under as everyone else.

edit: wait, paypal sided with you? He's fucked.
 
bignateyk said:
You're fucked. Paypal doesn't have the same set of laws to operate under as everyone else.

edit: wait, paypal sided with you? He's fucked.
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lol...yes...PayPal gave me the refund ($200) and I still have the purse..this happened though, b/c he was totally un-responsive and made no attempts at contact and that's why I started the dispute to begin with.

I'm trying to decide now if he would actually have grounds for any sort of law-suit if I didn't give it back. Paypal did mention that IF he contacted me at a later date I can choose to send it back but it's not required.
 
The dispute process is spelled out in Paypal's terms of service. Basically by using Paypal both you and the other party are bound by said terms of service. Paypal's ToS basically state that whatever Paypal says goes, and you waive all options to outside recourse in such disputes (ie: Binding Arbitration). The Supreme Court has basically upheld binding arbitration clauses in license agreements and ToS's.

Long story short: Tell the seller to take it up with paypal and shove off.
 
OILFIELDTRASH said:
Be the better person. Send it back on his $.
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Yeah, I'd send it back on his dime if I were you. But judging by how unresponsive he's been I wouldn't try really hard about it. Tell him you'll send it back if he pays and just wait for the cash to come, don't do anything else.
 
DigitalCancer said:
Could I get into any trouble over that? lol...actually sounds like a good idea just b/c he was a total ass.

I did get a response from him when I asked him to pay shipping and he agreed for me to send him an invoice for it.
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... and do you think he will actually pay the invoice? I would ask for a pre-paid waybill, or a paypal cash gift for the amount of shipping.
 
DigitalCancer said:
lol...yes...PayPal gave me the refund ($200) and I still have the purse..this happened though, b/c he was totally un-responsive and made no attempts at contact and that's why I started the dispute to begin with.
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Then there's nothing that can be held against you. HE didn't respond to the dispute in a timely manner, therefore he's fucked.

I'm trying to decide now if he would actually have grounds for any sort of law-suit if I didn't give it back.
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Not at all.
 
The reason I suggested donating to Goodwill (you can always send him the receipt for his taxes 🙂 ) is because this guy is a scammer, doesn't want the purse, and is only going to scam somebody else on ebay once you send it back to him.

Why help this scumbag to scam another victim on ebay with his "new" purse?
 
On what basis would a small claims court in California have personal jurisdiction over you? According to http://www.courts.ca.gov/9617.htm (official state guide) you have to be a CA resident or found there-which is the law in most states.

In other words he is BS'ing you. Advise him to take it up with Paypal and ignore him.
 
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