YAET: 13 year old "bought" my 62 chevy

[Whoozyerdaddy]

Originally posted by: PAB

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: Whoozyerdaddy

Originally posted by: PAB
His mom says that he stayed home from school and bidded on my car and now they can't pay for it.

Should I sue them for breach of contract?

13 year olds can not be contractually bound. Any contract drawn up with a minor can be voided by the minor at any time without penalty to the minor.

Didn't your lawyer explain this to you?

Ah, thats interesting because if a minor crashes into my car and has no insurance I can sue the parent.

Parents are frequently held responsible for their kids fuckups. He used his moms ebay account, so I can hold the mother responsible.

yeah good luck on that.

IF the story is true (the one you are telling not the mother) and she can prove the 13yr old did the bidding you are screwed. you can not enter into a contract with a minor.

now if a child damages your car then yes you can sue the mother (in some areas since laws change).

at most you will be able to collect is actual damages.

They'll never come to court and I'll get a default judgement and I can ****** with their credit for a few years. Its worth it for $100.

If you tell the truth the judge will likely dismiss the case. If you lie you'll go to big-boy prison and we won't have to deal with your petty, inane threads.

 

[waggy]

Originally posted by: PAB

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: Whoozyerdaddy

Originally posted by: PAB
His mom says that he stayed home from school and bidded on my car and now they can't pay for it.

Should I sue them for breach of contract?

13 year olds can not be contractually bound. Any contract drawn up with a minor can be voided by the minor at any time without penalty to the minor.

Didn't your lawyer explain this to you?

Ah, thats interesting because if a minor crashes into my car and has no insurance I can sue the parent.

Parents are frequently held responsible for their kids fuckups. He used his moms ebay account, so I can hold the mother responsible.

yeah good luck on that.

IF the story is true (the one you are telling not the mother) and she can prove the 13yr old did the bidding you are screwed. you can not enter into a contract with a minor.

now if a child damages your car then yes you can sue the mother (in some areas since laws change).

at most you will be able to collect is actual damages.

They'll never come to court and I'll get a default judgement and I can ****** with their credit for a few years. Its worth it for $100.

how do you know she will not show up? and if you tell the truth there is no way in hell you will get a judgement. also i think she is able to file papers from wherever she lives.

but continue to think so. please i look foreword to your post on how you lost hte court case so you took a chainsaw to your fathers new table.

 

[jagec]

Karma?

 

[thomsbrain]

the bidder probably wasn't the only person in this transaction who was using his parent's account.


sorry, i couldn't help myself.


no, actually, i'm not sorry at all.

 

[PAB]

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: Whoozyerdaddy

Originally posted by: PAB
His mom says that he stayed home from school and bidded on my car and now they can't pay for it.

Should I sue them for breach of contract?

13 year olds can not be contractually bound. Any contract drawn up with a minor can be voided by the minor at any time without penalty to the minor.

Didn't your lawyer explain this to you?

Ah, thats interesting because if a minor crashes into my car and has no insurance I can sue the parent.

Parents are frequently held responsible for their kids fuckups. He used his moms ebay account, so I can hold the mother responsible.

yeah good luck on that.

IF the story is true (the one you are telling not the mother) and she can prove the 13yr old did the bidding you are screwed. you can not enter into a contract with a minor.

now if a child damages your car then yes you can sue the mother (in some areas since laws change).

at most you will be able to collect is actual damages.

They'll never come to court and I'll get a default judgement and I can ****** with their credit for a few years. Its worth it for $100.

how do you know she will not show up? and if you tell the truth there is no way in hell you will get a judgement. also i think she is able to file papers from wherever she lives.

but continue to think so. please i look foreword to your post on how you lost hte court case so you took a chainsaw to your fathers new table.

I file a small claim here, spend $20 to serve her and then she has to hire a lawyer or fly here from California twice. First for pretrial mediation and second for an actual trial date.

 

[waggy]

Originally posted by: PAB

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: Whoozyerdaddy

Originally posted by: PAB
His mom says that he stayed home from school and bidded on my car and now they can't pay for it.

Should I sue them for breach of contract?

13 year olds can not be contractually bound. Any contract drawn up with a minor can be voided by the minor at any time without penalty to the minor.

Didn't your lawyer explain this to you?

Ah, thats interesting because if a minor crashes into my car and has no insurance I can sue the parent.

Parents are frequently held responsible for their kids fuckups. He used his moms ebay account, so I can hold the mother responsible.

yeah good luck on that.

IF the story is true (the one you are telling not the mother) and she can prove the 13yr old did the bidding you are screwed. you can not enter into a contract with a minor.

now if a child damages your car then yes you can sue the mother (in some areas since laws change).

at most you will be able to collect is actual damages.

They'll never come to court and I'll get a default judgement and I can ****** with their credit for a few years. Its worth it for $100.

how do you know she will not show up? and if you tell the truth there is no way in hell you will get a judgement. also i think she is able to file papers from wherever she lives.

but continue to think so. please i look foreword to your post on how you lost hte court case so you took a chainsaw to your fathers new table.

I file a small claim here, spend $20 to serve her and then she has to hire a lawyer or fly here from California twice. First for pretrial mediation and second for an actual trial date.

and you think the judge is going to give you a judgement when you say it was a 13 yr old that bid?

 

[allisolm]

I file a small claim here, spend $20 to serve her and then she has to hire a lawyer or fly here from California twice. First for pretrial mediation and second for an actual trial date.

Not a lawyer, but I thought you had to sue in small claims court where the defendant resides. Do I have that wrong?

 

[bignateyk]

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: waggy

Originally posted by: PAB

Originally posted by: Whoozyerdaddy

Originally posted by: PAB
His mom says that he stayed home from school and bidded on my car and now they can't pay for it.

Should I sue them for breach of contract?

13 year olds can not be contractually bound. Any contract drawn up with a minor can be voided by the minor at any time without penalty to the minor.

Didn't your lawyer explain this to you?

Ah, thats interesting because if a minor crashes into my car and has no insurance I can sue the parent.

Parents are frequently held responsible for their kids fuckups. He used his moms ebay account, so I can hold the mother responsible.

yeah good luck on that.

IF the story is true (the one you are telling not the mother) and she can prove the 13yr old did the bidding you are screwed. you can not enter into a contract with a minor.

now if a child damages your car then yes you can sue the mother (in some areas since laws change).

at most you will be able to collect is actual damages.

They'll never come to court and I'll get a default judgement and I can ****** with their credit for a few years. Its worth it for $100.

how do you know she will not show up? and if you tell the truth there is no way in hell you will get a judgement. also i think she is able to file papers from wherever she lives.

but continue to think so. please i look foreword to your post on how you lost hte court case so you took a chainsaw to your fathers new table.

I file a small claim here, spend $20 to serve her and then she has to hire a lawyer or fly here from California twice. First for pretrial mediation and second for an actual trial date.

and you think the judge is going to give you a judgement when you say it was a 13 yr old that bid?

they have no way of proving it was a 13 year old who made the bid.. he used his moms account. By all means, if she refuses to pay you the listing fees, etc..., sue the bitch.

 

[PAB]

Originally posted by: allisolm
I file a small claim here, spend $20 to serve her and then she has to hire a lawyer or fly here from California twice. First for pretrial mediation and second for an actual trial date.

Not a lawyer, but I thought you had to sue in small claims court where the defendant resides. Do I have that wrong?

You can sue anyone, anywhere, for anything. This is America!

 

[jagec]

Originally posted by: PAB

Originally posted by: allisolm
I file a small claim here, spend $20 to serve her and then she has to hire a lawyer or fly here from California twice. First for pretrial mediation and second for an actual trial date.

Not a lawyer, but I thought you had to sue in small claims court where the defendant resides. Do I have that wrong?

You can sue anyone, anywhere, for anything. This is America!

You would know, wouldn't you?:roll:

PAB, some days I think you embody everything that is wrong with this country.

 

[waggy]

Originally posted by: allisolm
I file a small claim here, spend $20 to serve her and then she has to hire a lawyer or fly here from California twice. First for pretrial mediation and second for an actual trial date.

Not a lawyer, but I thought you had to sue in small claims court where the defendant resides. Do I have that wrong?

well from here

How-To: File and Prepare for Court


Determine where to file. Before you can bring suit in Small Claims Court, it must be determined that the court has jurisdiction over your type of legal problem, and that it has jurisdiction over the party you are suing. A case must be filed where the defendant resides or the claim arose . District Courts have jurisdiction anywhere in the county. County justice courts have jurisdiction anywhere in the county that there is not a municipal justice court with jurisdiction. Municipal justice courts have jurisdiction within municipal boundaries.
After determining that the court has jurisdiction over your claims, the Clerk's office can provide you with the appropriate forms for filing a suit in Small Claims Court and further instructions on the procedure for doing so. When you complete these forms, you must have 4 copies for filing with the court.
( These forms should be used for reference only. Contact your local court for a copy of the forms used in that court.)
It is suggested that you observe a session in the Small Claims Court before your trial date. By doing so, you will be more at ease at your trial and will present a more relaxed and calm evaluation of your case. You will also become more familiar with the procedures of the Court.
Compile pertinent information that applies to your case. This information may include canceled checks, purchase orders, written contracts and other evidence. Organize them in chronological order and be sure to check the dates carefully. Accuracy will be a crucial factor in determining the outcome of the case. You should also be prepared to prove to the court how much money you will need to fix the problem. Your own estimate of the cost is usually not sufficient.
Have a disinterested party. If your claim deals with the adequacy of a service, or workmanship, or some other issue where the opinion of a disinterested party who is knowledgeable about the subject may be available, he/she should appear in person at the trial on your behalf.
Tell your story. When you get to court and it is your turn to speak, simply state what your claim is. The plaintiff (the person who filed the claim) will tell his/her side of the story to the judge and present any witnesses or documents to support the claim. The defendant (the person who the claim is filed against) will do the same.



so its where the defendent lives. that may complicate maters

 

[Toastedlightly]

link to auction?

 

[yhelothar]

Originally posted by: mjuszczak

Originally posted by: S Freud

Originally posted by: Sphexi
"bidded"?

:laugh:

Old scenario, they probably bought it and now regret it. Though I have no idea why people go to the extent to lie about it, you can always just not pay. Its not like ebay is real harsh on people that follow that path.

Get them to pay the listing fees and final value fees (probably no more than $100?). Then, second chance offer the second highest bidder. If the difference isn't that far off, see if they will pay half the difference.

Offer to donate the difference (if they pay it) to charity... more so to teach them a lesson than anything. Of course keep the listing and final value fees for yourself to pay to ebay.

-Matt

There's actually no final value fee if the transaction never went through. You just file a mutual payment no sent agreement.
Relisting an item would result in the original listing fees to be refunded. So you really don't lose anything.

 

[Born2bwire]

Originally posted by: Toastedlightly
link to auction?

He must have relisted it.
Text

 

[mugs]

Originally posted by: virtualgames0

There's actually no final value fee if the transaction never went through. You just file a mutual payment no sent agreement.
Relisting an item would result in the original listing fees to be refunded. So you really don't lose anything.

That's what I always thought... maybe eBay Motors is different? It wouldn't make sense to be an ass and sue her and "***** with their credit for a few years" if he can relist it for free.

But well... it's PAB.

 

[Sqube]

Why don't you just contact them and ask them to refund whatever money you are out?

Seriously, I don't see why you're bound to be such an ass about this.

 

[Toastedlightly]

so have we all been had?

 

[waggy]

Originally posted by: mugs

Originally posted by: virtualgames0

There's actually no final value fee if the transaction never went through. You just file a mutual payment no sent agreement.
Relisting an item would result in the original listing fees to be refunded. So you really don't lose anything.

That's what I always thought... maybe eBay Motors is different? It wouldn't make sense to be an ass and sue her and "***** with their credit for a few years" if he can relist it for free.

But well... it's PAB.

well his plan wouldnt work anyway. he would have to sue her WHERE she lives. so he would have to fly to CA for the lawsuit.

so odds are she would show up and (hopefully) be able to prove it was her 13 yr old kid. then he would lose.

 

[Vortex22]

Don't sue, just put a baseball bat through her windshield and smash up one of her tables.

 

[waggy]

Originally posted by: Sqube
Why don't you just contact them and ask them to refund whatever money you are out?

Seriously, I don't see why you're bound to be such an ass about this.

have you read Pab's other post? he got mad at his father and busted a window on his car. took a chainsaw to a table etc

seriously do a search on him. the guy is scum.

 

[Born2bwire]

Originally posted by: Vortex22
Don't sue, just put a baseball bat through her windshield and smash up one of her tables.

Are you kidding? He's graduated from junior high school and lives with his parents. He doesn't have to take crap from anybody. I say, hire an attorney and sue their ass. I'm sure it will all work out for the better in the end.

 

[waggy]

say what is the update on this anyway?

you sue them and get control of the trailer they were in? or what?

 

[smack Down]

Originally posted by: waggy

Originally posted by: mugs

Originally posted by: virtualgames0

There's actually no final value fee if the transaction never went through. You just file a mutual payment no sent agreement.
Relisting an item would result in the original listing fees to be refunded. So you really don't lose anything.

That's what I always thought... maybe eBay Motors is different? It wouldn't make sense to be an ass and sue her and "***** with their credit for a few years" if he can relist it for free.

But well... it's PAB.

well his plan wouldnt work anyway. he would have to sue her WHERE she lives. so he would have to fly to CA for the lawsuit.

so odds are she would show up and (hopefully) be able to prove it was her 13 yr old kid. then he would lose.

She doesn't have to prove anything. She just has to stand up and say she didn't bid. The burden of proof is on PAB.

 

[krunchykrome]

Let it go.

 

[jakedeez]

Proof is irrelevant, eBay auctions are not binding contracts. You can sue, but you won't win.

And btw - your suggestion that they other party would have to bring a lawyer - you're not allowed to bring a lawyer with you into a small claim in Cali.0