Need Help.....A lady wants to sue me for an online transaction

cverebroxcverebrox Registered User regular
Hello everyone, I have a strange question....I do not know if you are aware of the app called "Poshmark" but it is an app where you can sell your gently used and new clothing items to people....kind of like eBay I guess. Well I "traded" items with a lady (so we wouldn't have to pay money for them), I gave her Lilly Pulitzer items in exchange for Lularoe items from her). When she received them, she claimed that the Lilly items were not described correctly and that I would need to pay her $300 because of it ($80 MORE than what she was asking on the Poshmark app). She sent me my items back, and I told her that I would pay her for the three Lularoe items that I had already given to my mother, and send her the rest of her items back to be fair. She told me she does not accept that. That I have to either send it all back or pay the $300. "All or nothing". Well, I do not have the $300 readily available to send (nor am I willing to send it to her even if I had it because we didn't agree to that), and I can't send everything back as my mother already has 3 of the items. She is claiming she is going to take "legal action" against me if I don't pay the full $300 to her. I was curious if she could ACTUALLY do that because it was an online transaction, and she lives in VA and I live in NC. I am willing to pay what she was asking on Poshmark for the 3 items my mom has, and send her the rest back but she says she will not accept that. Just curious if she could actually "sue" me, and if she did, would it even be worth it on her part. Poshmark has already marked the transaction as "resolved". And via our text messages, there was no agreement to pay for the things if she didn't like what was sent to her. Any advice or input is greatly accepted. I am pretty sure she can't do anything, but just wanted to see what other had to say! Lol!

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  • EncEnc A Fool with Compassion The Land of Flowers (and Dragons)Registered User regular
    This sounds like a question for:
    1) a lawyer
    2) Poshmark's lawyer

    NightDragonBrainleechDarkewolfeHahnsoo1CambiataGnizmoZilla360RainfallbowenceresShadowfireSmrtnikDoctorArchElvenshaekimePeenfightinfilipinoTofystedethPhoenix-DIncenjucar
  • cverebroxcverebrox Registered User regular
    Poshmark does not support trades, and via their website in the terms it says "trade at your own risk", and they have already marked the transaction as resolved because she had opened a case via Poshmark. So via Poshmark, the issue is resolved. The bad news is, she has my phone number and has been harassing me about paying and also even found my mother via Facebook and is asking her for the money now. But there was no agreement to pay if she didn't like her items in person. I guess I am overthinking this lol

  • NightDragonNightDragon 6th Grade Username Registered User regular
    If you can find a customer service or "conflict resolution" contact email or number for Poshmark, that would be my first go-to. Most major ecommerce sites have this, in addition to explicit rules and processes within their terms of use.

    fightinfilipino
  • cverebroxcverebrox Registered User regular
    akep01a0h7yf.png

    Via Poshmark, they do not support trades. So according to them, the issue has been resolved. The problem comes in where the lady has my phone number and is constantly messaging me and my poor mother asking for the money or else she will "take legal action". But there was no agreement to pay if she wasn't satisfied with the items she got. So legally there is nothing that can be done, right? Does any of that make sense?

  • MadicanMadican No face Registered User regular
    You can tell her if she doesn't cut it out you'll legally go after her for harassment.

    cverebrox
  • BouwsTBouwsT Wanna come to a super soft birthday party? Registered User regular
    Also, it seems that Poshmark's stance on the subject cuts both ways. ...",we cannot guarantee that both parties will ship their items to each other as promised or as described." So if she's not happy with the description, then tough cookies? It's tough to say but this is likely just threatening to get results, because this isn't worth hiring a lawyer/going to court over.

    IANAL - You should speak to legal counsel if and when she speaks to her council, and instruct her to knock it off with the harassment and/or involve the law if she doesn't.

    I shall be telling this with a sigh
    Somewhere ages and ages hence:
    Two roads diverged in a wood, and I—
    I took the one less traveled by,
    And that has made all the difference.
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  • JusticeJustice Registered User regular
    edited April 2017
    ...

    Justice on
  • So It GoesSo It Goes We keep moving...Registered User regular
    Madican wrote: »
    You can tell her if she doesn't cut it out you'll legally go after her for harassment.

    Whether OP can do that very much depends on local laws where OP lives.

    None of us here can give you a definite answer, if you want a definite answer you'll need to speak with a lawyer. Otherwise the suggestion to contact Poshmark directly is a good one.

    Gnizmokime
  • DarkewolfeDarkewolfe Registered User regular
    Poshmark is not going to help you. You violated their terms of service. Anything you did, you did on your own.

    What is this I don't even.
    cverebroxSmrtnikSpoit143999
  • SmokeStacksSmokeStacks The Myth, the Legend, the Bowman, the Shambler FuckerRegistered User regular
    Send her the Lilly Pulitzer items back that you originally sent her. Tell her that if she wishes to pursue legal action that she'll need to have her lawyer contact you in writing, and that any further communication from her in all forms will be ignored.

    Next time don't trade.

    gRAhjXV.gif
    cverebroxElvenshae
  • cverebroxcverebrox Registered User regular
    Oh, trust me, I will never ever trade after this nightmare. Lol. If she does sue me, she would have to drive down here to North Carolina though, correct? She is in Virginia almost 6 hours away. And for $300 I would assume it would be small claims court and I believe you can't have a lawyer. So I mean, if I were her, I don't see the benefit in driving 6 hours one way, paying filing fees, over something which I offered to resolve by paying what she was asking for the three items and returning the rest.

  • DevoutlyApatheticDevoutlyApathetic Registered User regular
    edited April 2017
    cverebrox wrote: »
    Oh, trust me, I will never ever trade after this nightmare. Lol. If she does sue me, she would have to drive down here to North Carolina though, correct? She is in Virginia almost 6 hours away. And for $300 I would assume it would be small claims court and I believe you can't have a lawyer. So I mean, if I were her, I don't see the benefit in driving 6 hours one way, paying filing fees, over something which I offered to resolve by paying what she was asking for the three items and returning the rest.

    Alright, IANAL or anything but like step two or three of suing somebody in small claims court is serving them papers notifying them of that fact. You're six hours away and would have to hire somebody to serve you. That's basically going to make the whole thing unlikely to be worth their while. It apparently gets even more complicated if there are state lines involved.

    Personally, I'd make a final summation of the situation, how she altered the deal after the fact, how you attempted to make a reasonable compromise using values she herself had established previously, and how you can not return some of the items as they are no longer in your possession. Mail it certified, email it with a copy to yourself, basically document document document. Then ignore her until you actually get served. DO NOT IGNORE BEING SERVED. At that point get a lawyer but until then it is IMO way more likely to be empty bluster or a shakedown attempt.

    DevoutlyApathetic on
    cverebroxArbitraryDescriptorNightDragonMoridin889kimefightinfilipinoTofystedethQuid
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator mod
    Tell your mom to block her. Block her phone number. If she wants to sue you someone needs to find you in person anyway.

    And it seems like all is dying, and would leave the world to mourn
    Moridin889cverebroxElvenshaekimeGizzyArbitraryDescriptorBasarPlatySiskaQuidLail
  • BlarghyBlarghy Registered User regular
    I wouldn't worry too much about the lawsuit threat. Suing someone for $300 gets her a (big) negative expected return -- its just not worth it.

    cverebrox
  • Reverend_ChaosReverend_Chaos Suit Up! Registered User regular
    cverebrox wrote: »
    If she does sue me, she would have to drive down here to North Carolina though, correct? She is in Virginia almost 6 hours away. And for $300 I would assume it would be small claims court and I believe you can't have a lawyer.

    She can file in her county regarding a small claims suit. You then have to travel to her county to answer the suit, so if she is willing to pay the filing fee, and the fee to have you served, she might just do it, and hope you don't show, and she wins. You can also counter-sue her.

    My advice, is save all contact. Every text, phone call, dates and times etc, including to your mother. If she sues you, you can provide your communication to the court and show the Judge that you have made every attempt to resolve the matter, but she is the one that is not being reasonable. I would recommend counter-suing her for your costs to travel to go to court, missed work, hotel, filing fees, etc.

    I would make a final offer to pay her for the items and let her know that should she accept or decline you will consider the matter finalized and not to contact you further for any reason, and any future contact will be considered harassment. If she continues to contact you I would see if you can get a restraining order against her (check your local laws, not sure if this would be eligible).

    Best of Luck.

    “Think of me like Yoda, but instead of being little and green I wear suits and I'm awesome. I'm your bro—I'm Broda!”
    zepherin
  • HevachHevach Registered User regular
    In nearly all situations in nearly all states sales of private property between private individuals is assumed legally to be as-is. If she sues it would be small claims where you generally can't have a lawyer, but that doesn't mean a quick call to one that offers free consultation isn't a good idea.

  • cverebroxcverebrox Registered User regular
    cverebrox wrote: »
    If she does sue me, she would have to drive down here to North Carolina though, correct? She is in Virginia almost 6 hours away. And for $300 I would assume it would be small claims court and I believe you can't have a lawyer.

    She can file in her county regarding a small claims suit. You then have to travel to her county to answer the suit, so if she is willing to pay the filing fee, and the fee to have you served, she might just do it, and hope you don't show, and she wins. You can also counter-sue her.

    My advice, is save all contact. Every text, phone call, dates and times etc, including to your mother. If she sues you, you can provide your communication to the court and show the Judge that you have made every attempt to resolve the matter, but she is the one that is not being reasonable. I would recommend counter-suing her for your costs to travel to go to court, missed work, hotel, filing fees, etc.

    I would make a final offer to pay her for the items and let her know that should she accept or decline you will consider the matter finalized and not to contact you further for any reason, and any future contact will be considered harassment. If she continues to contact you I would see if you can get a restraining order against her (check your local laws, not sure if this would be eligible).

    Best of Luck.

    Researching online, if she wanted to sue me, she would have to sue me in the state in which I reside, not where she resides. So she would have to serve me in my state, and travel down to my state, and be seen in a court here in my county. I have also sent her the items I still had in my possession back to her, along with a cashier's check for her asking price via the Poshmark app for the items I no longer have in my possession, and I took a video packaging it all up at the post office and mailing it certified (I wouldn't doubt if she damages it when she gets it to try to say that I damaged it) so she will have to show ID to pick it up. I included a letter stating that by me sending the things back and paying for the things no longer in my possession, no further contact is needed, and if she does contact myself or anyone in my family, it will be considered harassment.

    We will see what happens....the box is said to get to her tomorrow. If she does decide to sue, I have all paperwork, screenshots, that video, etc. to prove her wrong. And I will definitely counter-sue for time lost from work, money spent mailing certified, gas traveling to the post office multiple times, harassing my mother for money right after she had surgery, gas traveling to the court house, and anything else I can think of.

    NightDragonSiska
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