bad online sale

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Latest post Tue, Mar 14 2017 8:19 AM by ca19lawyer2. 11 replies.
  • Thu, Mar 9 2017 1:51 PM

    • zdenzel
      Consumer
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    • Joined on Thu, Mar 9 2017
    • OH
    • Posts 8

    bad online sale

    I got scammed on selling something online; they aren't going to pay me.  And I don't know their real name.  When I file the appropiate forms against them, if I get their name wrong, do I only get one chance at that?

  • Thu, Mar 9 2017 2:57 PM In reply to

    Re: bad online sale

    zdenzel:
    I got scammed on selling something online; they aren't going to pay me.  And I don't know their real name.

    Wait a minute.  Are you saying that you delivered or shipped this item to a person without knowing his/her name and without first receiving payment?  What do you mean that you "don't know their [sic] real name"?  Did this person give you a fake name?  How do you know it's not the person's "real name"?

  • Fri, Mar 10 2017 3:17 PM In reply to

    • zdenzel
      Consumer
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    • OH
    • Posts 8

    Re: bad online sale

    They used several different names.  I didn't notice.  

  • Fri, Mar 10 2017 4:11 PM In reply to

    Re: bad online sale

    So...I'll ask again:  Are you saying that you delivered or shipped this item to a person without knowing his/her name and without first receiving payment?

     

    A couple of new questions:  How much $$ is at issue here?  Do you have an address for this person?  If this person used "several different names," do you have reason to believe that one of those names is his/her real name?

  • Fri, Mar 10 2017 5:36 PM In reply to

    • zdenzel
      Consumer
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    • Joined on Thu, Mar 9 2017
    • OH
    • Posts 8

    Re: bad online sale

    Sorry.... I knew their name, but it was different from the one in our e-mail correspondance.

    Several hundred.  And I do have an address.  After doing some reasearch, I was not able to find either name they used, as the owner of the property.

  • Mon, Mar 13 2017 11:37 AM In reply to

    Re: bad online sale

    You keep avoiding my question about having shipped the product without first receiving payment, which is really foolish, and I hope you've learned a lesson here.  Getting back to your original question:  if you name the wrong person in your suit, you can amend if you subsquently discover the correct name.  You can even amend a judgment after-the-fact, although that can be a bigger pain in the butt.

  • Mon, Mar 13 2017 2:41 PM In reply to

    • zdenzel
      Consumer
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    • Joined on Thu, Mar 9 2017
    • OH
    • Posts 8

    Re: bad online sale

    Yes.  

    So if it has the wrong name, does it just get thrown out?

    Are there any recprucussions of threatning to sue, then not following through with it?

  • Mon, Mar 13 2017 3:40 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,453

    Re: bad online sale

    zdenzel:
    So if it has the wrong name, does it just get thrown out?

    No, see answer above from CA

    zdenzel:
    Are there any recprucussions of threatning to sue, then not following through with it?

    Generally no, but it  depends upon what you do.  If you say I am going to sue you and if you don't pay me I will have you arrested, is considered the crime of extortion in many states.

  • Mon, Mar 13 2017 3:57 PM In reply to

    • zdenzel
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 9 2017
    • OH
    • Posts 8

    Re: bad online sale

    I said I would file suit if I don't get the money for the product I sold them.  Is there anything wrong with that?  I want to make sure if I decide to not go through it, they can't counter me for some reason...

  • Mon, Mar 13 2017 4:53 PM In reply to

    Re: bad online sale

    zdenzel:
    So if it has the wrong name, does it just get thrown out?

    No.

     

    zdenzel:
    Are there any recprucussions of threatning to sue, then not following through with it?

    Legal repercussions?  No.

  • Mon, Mar 13 2017 5:13 PM In reply to

    • zdenzel
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 9 2017
    • OH
    • Posts 8

    Re: bad online sale

    Is there something other than legal repercussions? 

  • Tue, Mar 14 2017 8:19 AM In reply to

    Re: bad online sale

    zdenzel:

    Is there something other than legal repercussions? 

    Of course.  You might get a reputation as someone who makes threats and doesn't follow through with them. In the extreme, all sorts of crazy things are possible.

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