Legal Question in Credit and Debt Law in Pennsylvania
I believe I have Been FALSELY ACCUSED by a attorney and wanted to know if I have I can sue him. I am from Pennsylvania and sold a item to someone on EBAY from New Mexico. I sent the item to the buyer by US mail and it arrived broken. The buyer wanted a refund and EBAY has a rule that the item must be returned to the seller before a refund can be made. The buyer paid with PayPal and the money was taken out of my account by PayPal until the buyer clould produce a tracking # that the item was recived by the seller. The buyer was provided the correct address to send it back to from EBAY and the return address was also on the shipping label. Somehow the buyer got a old address of a store I used to own and sold in 2005 and this was not my correct address and the item was sent to the store address from FED-EX and refused by a person who was not me and sent back to the buyer. The buyer did not contact me but hire a lawyer to sue me. I recieved a EMAIL from a attorney in New Mexico that I defrauded and cheated his client and that he knew I had closed the doors of store (which I sold in 2005 and have not been back since) and are out of business and my phone is disconnected and I am apparently fleeing to avoid my lawful creditors such as his client. I have not closed my business and only do business from my home on EBAY. My home address is the only address listed on EBAY and EBAY told the buyer to send the item back to that address which is different from my store address. Here is the email I recieved from the attorney falsley accusing me:
You defrauded and cheated my clients out of $624.00 when you sent them Item # 3210436986248 Lladro
Vintage Figurine "Couple with Parasol" 4563 Matte/Retired Very RARE! completely broken and in pieces
on on Sunday, December 23, 2012.
I will be filing suit against you both personally and corporately for this fraud.
The NM Attorney General's Consumer Protection Division will assist me in prosecuting this fraud
suit against you and obtaining a money judgment and collecting it for my clients.
In NM you can't get away with this fraud on consumers and we have an Unfair Practices Act that
gives the aggrieved consumer TREBLE damages, plus prejudgment interest, plus all of their Court
costs and attorney fees incurred (these will be in the thousands) and it also empowers the NM AG
to prosecute the suit on behalf of victimized consumers.
In addition, my clients have commenced a complaint wit the Federal Bureau of Investigation for mail fraud
across state lines and you will be hearing from the Philadelphia office of the FBI shortly as well.
Last but not least, we now know you have closed the doors of your store and are out of business, both at
19 S. Morton Ave, Morton, PA 610-328-6864 is disconnected and your are apparently fleeing to avoid your lawful creditors such as my clients.
While you may think this consumer fraud to be petty and insignificant, my clients do not, they are hard working business people here and they will prosecute you and this claim no matter how long it takes and no
matter how much it costs them.
The NM Attorney General is in the process of asking the Pennsylvania AG to assist it in this matter as well.
This is the only notice you will receive before the suit is filed here and served on you there by Sheriff Joseph F. McGinn,personally, he is also assisting my clients in this matter.
1 Answer from Attorneys
Really? All this over a crappy $624?
If the buyer sues you in NM, you do not work in NM and do not own property in NM, then good luck trying to collect. I really really doubt that the buyer is going to hire a lawyer in PA to sue. It will cost more than $624 for plane fare.
The buyer is probably a member of Pre-Paid Legal Services and the lawyer was obligated to write the letter on the buyer's behalf. The letter is laughable and is nothing more than an attempt to intimidate and scare you. If the lawyer is not admitted in PA he cannot sue on behalf of anyone there. He can only try and sue you in NM.
However, since the doofus buyer who cannot follow instructions got a lawyer, you should pay a lawyer to respond to the doofus buyer's lawyer. The letter should (1) state that you will be happy to refund the money but only if the item is returned and it should negate the false facts. I will be happy to write a letter on your behalf for a fee, but it should probably come from a local lawyer with a local address.