Legal Question in Consumer Law in California
ebay seller sent fake item then wouldnt give addres for return now wants it back
I ordered an item on Ebay. BUT it was fraudulent (fake nike shoes).I asked for refund. Seller claims wasn�t fake. I can prove it is. Asked seller on 2 occasions for his address so I could return item. Address not supplied couldn�t return item. next step call my credit card co and file a dispute claim. They asked for proof of why I filed a dispute. Submitted 26 pages of documentation.They sided with me. They asked if I had sent item back to seller. I told them no seller hasn�t provided his address to return. They asked for proof of me requesting his address, I supplied proof. they sided with me I had asked for sellers address 2 occasions and wasn�t provided. thought all resolved. But just received an email from seller saying �I would like to know would you take $30 to send the shoes back? If no response you leave me no choice but to subpoena you to the Van Nuys Court house to deal with my Pre-Paid legal Attorney.� my question is Can he actually subpoena me to have to appear in court in LA when I live elsewhere? Can I request a change of venue to make him come to me? Since shoes are fake do I have to return to seller or can I send to Nike counterfeit dept? In case it matters the shoes were $480
3 Answers from Attorneys
Re: ebay seller sent fake item then wouldnt give addres for return now wants it back
Let me see if I get this:
He sold you fake product.
You got your money back from the CC company.
You did not return the goods.
He now offers to PAY you to return the goods.
What's the problem?
He CAN sue you and bring you into Van Nuys court, but I doubt his prepaid legal lawyer will be willing to take the case if you alter him to the counterfeiting claim. He just isn't going to do it. You'll probably wind up in small claims.
Your response is a defense called "Unclean Hands". This is a doctrine that prevents someone from recovering, if their own wrongdoing is part of the problem.
If you can prove the shoes are counterfeit, you'd unlikely have to return them.
But, here's the thing... why not take his 30 bucks, return the shoes, AND report him to NIKE's anti-counterfeiting folks?
If you do wind up in Court with this guy you CAN claim that it's an inconvenient venue, and you can use your defenses, but you'll probably need a lawyer to help you... and that'll cost.
Re: ebay seller sent fake item then wouldnt give addres for return now wants it back
The best defense is a good offense. Sue him in your home court for $7500 in punitive damages for fraud. Hire a SoCal process server (maybe $50) to serve him. Make -him- do the drive. And certain "pre-paid" legal services are nothing more than multi-level marketing scams.
Re: ebay seller sent fake item then wouldnt give addres for return now wants it back
You can and should contact Nike. Let them know about this. Also contact Ebay. They may suspend his account.
I wouldnt worry about him suing you. I am not sure what his argument would be - he sold fakes. If you can, print out the auction and then dont worry about it. If you get served with a lawsuit, contact an attorney to review it before you respond.
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