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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37883
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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im being sued by a person from paypal. She sold a conterfeit

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im being sued by a person from paypal. She sold a conterfeit item and I got my money back but because she didn't respond within the normal limit from when I filed a claim I didn't have to send her the item back. This is covered in paypal's agreement. They are the ones who made the decision and it specifically states that if I filed a snid (significantly not as described) case that the item will not be returned to her it will be destroyed. Now she has hired an attorney from out of state and threatening to sue me. The amount of hte bag is 750 which is less than 1000. I know you can sue anyone for any reason but if she signed the paypal contract, then how does she have a case?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The reason she may have a case is on the grounds of 'unjust enrichment'. It is a theory under which a person may sue for damages or value because otherwise it would be unjust for them to not be compensated. For example in this situation they can claim that you were 'unjustly enriched' by the value of the item, and since you ended up not paying for it, you are now about $750 richer at the expense of this individual. This is not the strongest legal argument out there because you have a likely stronger claim based on the contract that you both signed, but it is still enough for the courts to legitimately review their position and potentially make a determination either in their favor or against them.

Please let me know if I can assist further. Thank you!

Customer: replied 1 year ago.

I have a person that states that the bag isn't authentic. Their is a clause in the paypal legal agreement for buyers that states "any item that is counterfeit and the seller loses the case they will lose the money and the item will be destroyed. She lives in new jersey and I live in California.


Can she sue me out of state? If she signed the contract through paypal, isn't she liable for complying with it? She wants to claim that because she had a family emergency she couldn't respond to the emails from paypal. I even sent her one. I think that's crap because everyone has family emergencies, I had one in grad school and they didn't make any exceptions for me.


 


What do you recommend that I do. her attorney calls and seems to want to offer me the option of sending back the bag or paying the money. I would be glad to send the bag back except i gave it to my friend who is affiliated with louis vuitton and she doesn't have it anymore. I have all documentation of everything but I feel like I am being harassed by her lawyer. Please help

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Amy.

The fact that you claim the bad as not authentic does not preclude the other person from bringing evidence with her to court proving authenticity and arguing that your failure to pay was in bad faith. Suing out of state is permitted--she would likely sue you in California because the default jurisdiction is where the defendant is located. However if the contract between you had a different location listed as the venue where both agree to pursue potential litigation, she could sue you in that location instead. The contract with paypal is separate then her contract with you, and if she can potentially prove that the bag is genuine (for example), then she could argue that the paypal conditions do not govern as she was injured by your refusal to pay for a genuine item.

I do agree that a family exception is likely weak unless she can show to the judge that it was legitimate and she spent time in the hospital either for herself or a close member of the family. Such a request is permitted if proven.

As for what you can do, sending the bag back is ideal if it can be found. If not, sending the money for the bag would be the next step. You can potentially offer a settlement offer for less and see if they would be willing to accept it.

Hope that helps.

Customer: replied 1 year ago.

but she signed the contract with paypal. In paypal the case was decided in my favor. They made the decision. She had 10 days to respond, in which 4 emails were sent to her. She could then appeal the decision but paypal made the decision not me. they have their own legal department and have told me 15 times that she needs to deal with them not me.


 


I don't understand why their contract that she in fact signed wouldn't stand up in court. I have a witness (even though I don't have the bag) that states their was no serial number on the bag and it was completely fake. paypal has a clause stating fake items will be destroyed if the buyer wins the case and has filed a significantly not as described.


 


i know you can sue someone for anything etc but why doesn't the paypal contract uphold my arguement? how much could she really sue me for. it's less than 1000 for crying out loud.


 


I'm graduating from pharmacy school in may, i just dont need this. I was stupid and bought the bag on ebay, I already filed a case with ebay and paypal and they have suspended her. I think she is scamming me to be honest.


 


Do you recommend trying to settle or do you think my case would hold up against hers?

Expert:  Dimitry K., Esq. replied 1 year ago.

Amy,


Signing the contract with paypal is not the same as signing a contract with you. It simply means she cannot pursue paypal to get the money back, but if you did not pay her what she believes she is owed, she can personally still pursue you. You are somewhat confusing the two issues, paypal is simply a tool or an option as to how she could pursue redress or payment. When that option disappears, the underlying debt or obligation (if any), still remains. Paypal is not a legal courtroom and while they may have decided in your favor, the real courts may end up either making their own adverse decision or upholding the past agreement.

In small claims she would be limited to suing you for value plus filing fees in court, she would not be able to sue you for her attorney fees or punitive damages.

I am sorry, truly, but I cannot in good conscience make a recommendation here. I've never personally inspected the product to describe the authenticity and I cannot tell you how a judge may rule. Plus, unless you have had an expert in that industry who is familiar with that company inspect the bag, it may be hard to claim that it is not authentic. I am not stating that it was authentic or not, just showing you potential weaknesses that the other person may take advantage of.

I really do wish you the best with your graduation and hope you can put this behind you. If you have the funds, paying this off may save you a headache. Not paying it off may force the other person to come up and try to sue, and still not prevail. My concerns are how you could have proven the item to not be authentic, and why you did not send the item back--those are the weaknesses in your case because if she can provide some sort of proof of authenticity, her claim against you becomes valid.

Good luck.

Customer: replied 1 year ago.

ok so even after suing me she could only get 750 + filing fees whatever that is.


 


I know paypal isn't a courtroom but if she signed the contract and it states she has to file an appeal with them why isn't that substantial?


 


I apologize, I just am trying to understand. If she is only going to get 750 + filing fees, why bother paying an attorney etc and suing someone out of state because it's expensive.


 


I didn't consciously through the bag away, I was upset and her friend discarded it when I was like yes yes get rid of it.


 


I'm willing to negotiate but i still think she is selling fraudulent items which is wrong

Expert:  Dimitry K., Esq. replied 1 year ago.

Amy,

Thank you for your follow-up.

ok so even after suing me she could only get 750 + filing fees whatever that is.
Unless she sues in a higher court where suing for court costs, filing fees, attorney fees and the rest is permitted. But I do not see it since the underlying damage is only about $750, which is ideally designed for small claims.


 


I know paypal isn't a courtroom but if she signed the contract and it states she has to file an appeal with them why isn't that substantial?

Because that contract was not with you. Let me try to explain a different way. You agree to buy a ring from a jeweler. You pay via credit card. Then you state something is wrong, cancel payment, and keep the ring. The credit card sides with you, freezes your payment, and allows you to keep the ring. The jeweler, who ended up either losing on the product or the ring is not bound by the credit card's decision. He can sue you directly for either return of the item or for value because the agreement to buy or sell was between you and the buyer, not the credit card company who was simply a third party to the transaction.


 


I apologize, I just am trying to understand. If she is only going to get 750 + filing fees, why bother paying an attorney etc and suing someone out of state because it's expensive.

Because she may be doing it to prove a point. Not all claims are based on logic, some are very emotional in nature.


 


I didn't consciously through the bag away, I was upset and her friend discarded it when I was like yes yes get rid of it.

I can appreciate it, but the item still would have belonged to them regardless of the conditions of the third party.


 


I'm willing to negotiate but i still think she is selling fraudulent items which is wrong

That is your right. But it is also her right to refuse to negotiate, so please keep that in mind.


Good luck and take care. If satisfied, kindly do not forget to positively rate my answers to you so that I may obtain credit for assisting you this morning. Thank you.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37883
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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