Legal Question in Consumer Law in Virginia

need some advice, can somebody in AL sue me who live in va

What is the name of your state (only U.S. law)? VA

It's stated from i bought the apple iphone from the seller through ebay. The next day i got the notice from ebay and paypal that she had the problem with her account. so i end up pay her through her mother account. I ask her so many time if itis an apple iphone. and she say yes it is an apple iphone. I paid. The seller give me her cell ( prepaid phone to contact her), The seller promise to ship on sat ( i tried to contact her that day to get the shipping iformation , no answer either email or phone) three days later, got an email that she said she will ship the next day becaseu of she lost the power. ( during the time before and after i paid i ask her if she has the item from the ebay auction hold for me and she said yes, she has teh ebay auction hold for me. But after we had the problem of the item being counterfeit. She claim that i rush her to make her have to go get the new one and had no time to check.) The day the item deliver at my place, it shoe that the item were counterfeit not an apple iphone.I try to contact her but got the nasty email back and her change the story of all the time about her product and how i rush her. I asked her nicely to get teh refund but she wasn't coperate so i have to file the dispute with my credit card , still ahven't got the refund back yet. She has her policy that norefund but something wrong with the phone she will do the exchage. after argueing for a month the seller sent me the email that to send the phone back.( i send the phone back with notorise public of the phone that i send it back.)

the question is

1.Can the seller who live in AL sue me ( live in VA). she claimed that i harrasment her by calling her a lot ( during the time i couldn't reach her when i try to get the shipping iformation, when i receive the item and notice it was the counterfeit item.) She email me that i am not allow to contact her on her persanal infor mation anymore. I just sent her 3 nice email asking for the refund after that.

2. Can she sue me what she claimed that i broke ebay contract and she lsot the money for the item i return ( the counterfet one seh sent to me, she suppose to sent me the apple iphone) and the fee. ( the ebay auction of that one was cancled and first she said it wans't related with the ebay item but she still saying that she has the ebay item holded for me if i want to complete it. but the lastemail she sent to me state about the ebay contract.

3.Can i do anythign back to the seller.

the amount is over usd 1,500.00

she claimimg that i got the refund already but i still haven't got the money abck from paypal yet. still fight with the credit card company.

thank you for all your help


Asked on 8/08/09, 9:04 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Forget about the Alabama seller suing you or you trying to take some action against her; neither is realistic from a legal perspective. Instead, concentrate your efforts on getting the refund that is due you for the counterfeit phone either from Ebay/PayPal, your credit card company or the orignal vendor of this counterfeit phone.

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Answered on 8/13/09, 9:28 pm


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