A coin question for lawyers.
LALASD4
Posts: 3,602 ✭✭✭
I purchased a coin on Ebay and that person never deliver the coin. Which laws has that person violated, I am in CA and he is in OR.
And he just opened a coin shop in OR.
And he just opened a coin shop in OR.
Coin Collector, Chicken Owner, Licensed Tax Preparer & Insurance Broker/Agent.
San Diego, CA
San Diego, CA
0
Comments
Bet I know who your are talking about, he owes me money also!!
San Diego, CA
That's Mike alright!!
2135 nw hwy 101
Lincoln city , or 97367
San Diego, CA
<< <i>I had never seen a picture of him before. Ironically, the only time I paid for something on eBay which I never received was Mike's book "How to Avoid Getting (Coin) Screwed on eBay." >>
For real? Wow...that's almost worth it just for the irony!
<< <i>I had never seen a picture of him before. Ironically, the only time I paid for something on eBay which I never received was Mike's book "How to Avoid Getting (Coin) Screwed on eBay."
>>
I hate to say it, but that is just too funny!
<< <i>A coin question for lawyers. >>
No lawyers on this board.
<< <i>Ironically, the only time I paid for something on eBay which I never received was Mike's book "How to Avoid Getting (Coin) Screwed on eBay." >>
I got taken on that one too, still makes me smile when I think about it.
You can file in CA. If he loses, then you can export the judgment to OR, if OR recognizes judgments in your state. This is likely given they are bordering. One way to find out is call the local court where he lives and ask if they recognize CA judgments, and what the procedure is.
In both California and Oregon such conduct would constitute a breach of contract under common law; a breach of Article 2 of the Commercial Codes in effect in both states; and possibly a violation(s) of consumer protection statute(s). Further in California it may constitute fraud under Civil Code Section 1710 (4) [a promise made without any intent to perform same].
I do not know the dollar amount of the transaction. In California small claims court handles civil disputes of $5,000.00 or less. I do not know what the limit is in Oregon. If suit was brought and a judgment obtained in California, the judgment could be submitted to an Oregon court with a request to enter an Oregon judgment based upon the existence of the California sister state judgment [per the U.S Constitution each state of the union must give full, faith and credit to, among other things, judgments issued in other states, all states have enacted Sister State Judgment statutes to put into place a procedure that can be used to apply for and obtain judgments on judgments issued in other states]. Once an Oregon judgment is issued by an Oregon court on a California judgment, the creditor can pursue collection of the Oregon judgment from any non exempt assets that the debtor has in Oregon. At the same time, if the debtor has property in California, the creditor can attempt to enforce the California judgment against those assets. However, the creditor can only collect the amount of the judgment once and is not allowed to obtain a double recovery.
<< <i>I had never seen a picture of him before. Ironically, the only time I paid for something on eBay which I never received was Mike's book "How to Avoid Getting (Coin) Screwed on eBay." >>
That is way too funny. LMAO I can't stop.
<< <i>
<< <i>I had never seen a picture of him before. Ironically, the only time I paid for something on eBay which I never received was Mike's book "How to Avoid Getting (Coin) Screwed on eBay." >>
That is way too funny. LMAO I can't stop.
Thanks for your laughs everyone. I kid you not. My only non-delivered eBay item was auction #3011021241 in March of 2003. The irony of this transaction and the author's pathetic excuses for not shipping his book (something about exposure to lawsuits from a certain grading company in Florida) is now easily worth the measly $8.00 I gambled away. To his credit, he did send out a few free coins to some of his loyal eBay customers (but not to me). Some of those customers gave him negative feedback anyway.
<< <i>what is his ebay name? >>
yea, I would like to know also.....don't let us find out the hard way
Mike
idocoins
Oh, and if he gives you a refund, I don't think you have a case, since you aren't actually out anything, but it might still be construed as a promise by him to sell you something for a certain price and then him backing out. I'd go for it. We don't need anymore hucksters in this hobby. There's enough already and they give all of us, collectors and dealers alike, a black eye.
<< <i>
<< <i>what is his ebay name? >>
yea, I would like to know also.....don't let us find out the hard way
A year and a half ago, this seller's ID was "emeraldcitycoin*com" before it became NARU. I haven't bumped into him since.