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If possible, i have been speaking with you in regards to and

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For montysimmons if possible, hi...
For montysimmons if possible, hi i have been speaking with you in regards ***** ***** and pham. I have had my friend give them my info and address and they have sent me certified mail to my old address where my family lives and have not signed for. I emailed them letting them know I made the sales and my friend has nothing to do with this as he sold me the account in 2013. I have also explained to them that I never sold this with the intent to infringe because I had no idea they were counterfeit as original sellers listed it as authentic. I want to clear my friend off this and they can sue me because i believe they will be asking for some ridiculous amount in settlement. I have asked them about settling and how they have requested that I send supplier info, all sales info, all my purchases (both prices and quantities) and also info showing that ebay was notified and authorized account transfer. I have also told her that i spoke with ebay over the phone before account was transferred so I do not have any paperwork showing this. Can you advise where to go from here? I want to settle and will not pay more than $300-$500 to settle or I will have to let them sue and file for bankruptcy. What next step or options do you recommended? They will not let my friend off till I give them all the info so she can provide to BMW (so she says) and get back to me on how to settle.
Submitted: 2 years ago.Category: Business Law
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12/3/2015
Business Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,091
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

At this point you are going to have to send a letter back informing them of what information is not available to you. However, since you did by it from your friend, you need to also get whatever information your friend can give you to supply to the attorneys. If you do not supply as much information as possible, to show good faith, then they will not settle with you.

Provide them everything you can and inform them where you went to get the information and who did not have information and who did have information. Tell them you have made good faith effort to diligently find the information they were asking for and you are providing them all of the information that was available and ask them to accept that as your good faith effort at full cooperation with them and to offer you reasonable settlement and you should give them the number for settlement of $200 (let them negotiate and make a counteroffer).
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Customer reply replied 2 years ago

If they were to sue my friend and I, what happens? Will he be responsible for anything even though I told them I made all the sales? What are my options when responding and in case they win? Do you have a sample letter i could send them responding about good faith effort with whatever i have? Am i obliged to provide them any sales info as i feel i would be violating my customer's privacy

Business Lawyer: Law Educator, Esq., Attorney replied 2 years ago

Thank you for your reply.

If your friend was previously involved in selling the products then they can hold both you and your friend jointly liable. The good news is this firm rarely if ever sues. They simply threaten a bunch and most people end up settling for some lesser amount than they were asking for initially.

You committed a violation of law, so you either have to send them information on where the product came from. As far as sales, you need to minimize those because that is what they are going to use to say you owe them all the profits from sales. So you need to only estimate the amount of sales and if you cannot get the sales information from eBay, tell them the information is not available and you tried to get it.

I cannot write the letter to you and every one of these letters are written individually so there really is no template directly on point to your case.

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Customer reply replied 2 years ago

My friend had nothing to do with this, he does not know anything about the items sold, until he got certified mail from them because I did not change his address after i took over the account. They made a sample purchase. How much does it normally cost to sue? I see they sued a few on BMW's behalf just by doing an online search and this is similar to my case. If i were sued, what response options do i have? I had no idea these were fake and never intended to infringe. If they were to win, will bankruptcy help?

Business Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.

So you need to inform them of that as well. If they sue and they prove you made the sale, the judgment against you can be in excess of $1 million and you can be made to pay their attorney's fees. You would need an attorney if you are sued, you should actually be using a local attorney now to respond to them for you. If they sue you, then bankruptcy would stop the suit and extinguish any possible judgment.
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Law Educator, Esq.
Law Educator, Esq.
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