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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I purchased a bag from a personal seller in New York,(I live

Customer Question

i purchased a bag from a personal seller in New York,(I live in Florida) I found out that the bag was not authentic, I opened a paypal dispute and was told to send the bag back to an address the seller provided with paypal...the bag was returned,(with signature confirmation) now the seller is claiming I sent a fake bag when in fact they sent me the fake bag. The paypal claim is still open in dispute....the seller also goes and opens up a summons complaint against me in the county of queens New York, I was served yesterday. the complaint reading was "failure to return property for $2000 with interest. Can I answer the summons by mail? can I have the summons dropped? Do I give more details about the bag instead of that the bag was received by the seller as that is what they are claiming? There is not other information on the summons about the case and there reasoning behind failure to return.
Submitted: 10 months ago.
Category: Legal
Expert:  Sam replied 10 months ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.First I suggest you make a report of the Counterfeit bag to the local FBI - and let them investigate this Seller as to whether they have authentic bags or if this is a scam they pull. It is illegal to sell counterfeit bags and they can be charged under federal law. So make that report. You can contact your local FBI at this link using your zip code. In the meantime, you need to Respond or Answer the Summons Complaint. And you have 30 days to make that Response since you are out of state. I suggest, you can contact the clerk of the court where the summons was filed and ask if they can email or fax to you a Response Form for you to file.
Expert:  Sam replied 10 months ago.
In your response, you will note the details of this matter, and explain that you received a counterfeit bag, you followed the Paypal instructions because of the dispute and now you have filed a criminal report with the FBI. You will request the matter be dismissed at this time.
Expert:  Sam replied 10 months ago.
And actually I have located this LINK which will be very helpful for you and explain what you need to do as far as the summons is concerned. But you really should make that FBI criminal report.
Expert:  Sam replied 10 months ago.
Not only is it illegal for a person to sell counterfeit property, but it appears this could be a scam wherein the seller says they sent the buyer the real deal and the buyer gets sued. So it can get very complicated legally. But if you get the FBI involved, they can help.
Expert:  Sam replied 10 months ago.
Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.
Customer: replied 10 months ago.
thank you, ***** ***** do not understand if they have a case open with paypal for them to get the money and also sue me for the same money how this summons can be a valid one or this transaction did not happen in there state how is it that they can send me a summons?
Expert:  Sam replied 10 months ago.
They can file the Summons. You need to make that case to the court. The point here, appears to be they are scammers. And I suggest if you get the FBI involved, you would get your money back, this matter would be dismissed, etc. You can let PayPal know you are now being sued - but they are limited. You also should let Paypal know you have reported this to the FBI to investigate the counterfeit merchandise. But whatever you decide to do - you need to respond in 30 days or they will win a default judgment against you.
Expert:  Sam replied 10 months ago.
In your response you can also note they have the wrong jurisdiction because you are located in Florida. But this really appears to be of a criminal nature.
Customer: replied 10 months ago.
do you suggest I hire an attorney thank you kindly
Expert:  Sam replied 10 months ago.
If you feel that you cannot handle making the responses and Motions on your own, then yes. You should at least consult with a NY attorney. Call(###) ###-####
Expert:  Sam replied 10 months ago.
That number is ***** the NY Bar Association legal referral service.
Expert:  Sam replied 10 months ago.
Tell them you need a civil attorney to respond to a Summons Complaint for you and you are out of state.
Customer: replied 10 months ago.
thank you for your information, i just home I am able to send in a mail response , it does say in the suffork county in New York that I can but it does not say it for the queens court, would the same apply to all the courts in New York?
Expert:  Sam replied 10 months ago.
You will need to respond in the same manner as the link describes and which I explained. The information is the same for all the courts but it will be for the court from where the summons originated. Again, you can call the clerk of that court and request the packet of documents to respond to the Summons Complaint.
Expert:  Sam replied 10 months ago.
This LINK appears to be the forms for Suffolk county.
Customer: replied 10 months ago.
ok thank you for all your time, i appreciate it, again i just hope they let me mail it in
Customer: replied 10 months ago.
sorry one more questions can I pick up the papers to be filed with my clerk of courts here in brevard county florida?
Expert:  Sam replied 10 months ago.
No. The documents have to come from the NY court where the Summons was issued. Florida documents will not work.
Customer: replied 10 months ago.
ok thank you
Customer: replied 10 months ago.
your professional opinion do I have a good chance this will get dismissed?
Expert:  Sam replied 10 months ago.
I suggest your best bet at getting it dismissed is to mention you are out of state and wrong jurisdiction and also if you contact the local FBI and report what appears to be federal criminal activity.
Expert:  Sam replied 10 months ago.
IF you don't report it, it can look like you are the scammer who buys products and then returns fake ones.
Customer: replied 10 months ago.
I will certainly do not i am actually working on that right now, thank you
Expert:  Sam replied 10 months ago.
You're welcome. Good luck and thanking you in advance for a positive rating to ensure I get credit for my time and information. You can always return to this post with follow ups as it will remain in your question list.
Customer: replied 10 months ago.
just to confirm when answering I do put in "all " the information that I have? the paypal dispute...the return receipt...as well as asking for dismissing for being out of jurisdiction? or do I just but for the answer "get it dismissed for out of state jurisdiction ?
Expert:  Sam replied 10 months ago.
I suggest you can put in all the information. The Paypal dispute, deny the allegation that you returned a fake one for a real one. And note you have reported this to the FBI. Mention Jurisdiction as you live out of state and make the request for the Dismissal.
Expert:  Sam replied 10 months ago.
You can always use the forms you get from the court and attach a separate sheet with the information.
Customer: replied 10 months ago.
just to mention the paypal case was open because they sent me a fake one, i tried to sell it on ebay and ebay sent me a notification that the bag was ruled not authentic and they took the entire listing off the website this is why I opened a dispute with paypal and paypal asked me to return there fake item
Customer: replied 10 months ago.
I also only know what they had told paypal, the summons only reads "failure to return property for $2000 plus interest, it does not offer another information. any information i gave you was from my experience and for what paypal told me for what the seller told them,
Expert:  Sam replied 10 months ago.
Ok. Then I suggest you can simply respond with "Deny" and that will be an answer to the allegation that you failed to return. And request the dismissal. Of course, it will then be set for a hearing.
Customer: replied 10 months ago.
ok but than I will have to fly to New york for the hearing?
Expert:  Sam replied 10 months ago.
It is possible to have it via a telecom video. But if the matter is not dismissed and you get a Notice of Hearing, then you will need to call the clerk and then make the written request for the telecom video hearing.
Customer: replied 10 months ago.
think you , you answered all my questions I appreciate it and hopefully this will be dismissed and that will be the end of it, I have had more stress than what it was worth. will never buy a high end item from anyone on line again. thank you
Expert:  Sam replied 10 months ago.
Best of luck with it all. You're welcome. It is always a Buyer Beware world.
Customer: replied 10 months ago.
Yes that is for sure:) thank you kindly
Expert:  Sam replied 10 months ago.
You're welcome. Please do not forget to rate this positive so I can get credit for my time and information. Thanks again.

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