ANY lawyers out there, read this

[Draal5]

First off I am not a layer but I do deal with the court system on a some what regular basis.

1. yes he can sue you in small claims court ( unlikely as the filing fees will be more than the claim unless he sues for he whole 375)

2. If it were me I would gather any pictures you have of the tank write up a call log and notes on the conversations you had be sure to date them with time as well. This type of log is admissible evidence in court and judges deam it as very credible.

3. stop talking to him inform him he he calls again that he has threatened to sue you and there will be no more communication. you never know if you are being recorded the tape may not be evidence but he will have every thing you say verbatim.


I personally think he will just go away now that you have told him to go pound salt. I think he thought he had an easy mark.

but in these days you just need to protect your self. I don't know what state you are in but here if he can prove fraud he is entitled to and can be awarded treble damages.

 

[Blueiz]

Ignore him, obviously you have went out of your way to try and make him happy. If he wants to sue, let him. If he does sue, counter sue for him wasting your time. He will most likely get laughed out of court and have to pay you.

In the mean time, take a few min to document everything to your best recollection, leave out opinions and stick to the facts, document dates and if you cant remember exact dates put approximate ones. Document when you went to try and appease him as well.

Personally if he has an account on craigslist it may pay for you to report this buyer from your experience with him, as I see it you have done nothing but go out of your way to make him happy, not to mention he got the tank and things with it for an excellent price.

 

[JSmith]

Gotta love the sue happy society we live in. The sad part is that if he really wanted to waste the time and money in small claims court he would probally win th 30$ and court fees! Makes me sick!

 

[captaincaveman9]

Report him to Craig's list, and document everything with dates and times. Third tell the wacko you offered to refund his money if here turned the merchandise. That show a clear attempt to make him happy. Forth, tell him you are no longer going to entertain any more communication with him.

 

[Alan R]

Actually he can sue you. It is his right to have his case heard before a judge in small claims court if he is dumb enough to take it that far. Which I agree is highly unlikely. It is most likely an empty threat to try and intimidate you so he can get his way. The same way a child would threaten to hold his breath until he got his way. I also agree that he should be ignored and all contact with this person should be documented and logged. If he presist threaten him with a harassment charge. If he still presists follow through with filing a claim of harassment at the Sheriff's Dept. Or pd whichever you have. The worst that could possibly happen is you lose a day of work because you had to go to court and won the case making him look very stupid.

I would not offer him a refund. This is craigslist for crying out loud! You have no obligation to back up you product. You don't have an aquarium business. He had the right to check out everything before he bought it. This was a transaction between two parties for a used item. All sales are final and sold as is. No warranty was offered. This is not walmart where 100% satisfaction is guaranteed! Please for the love of Pete don't offer this guy anything but a harassment suit. All you would accomplish is giving in to his threats. People like him ruin the used trade hobby for the rest of us.

 

[Hooked Newbie]

Tell him you are going to counter sue for emotional distress.

 

[J double R]

here in oklahoma... we handle our discrepancies outside the courtroom.

 

[gregm]

Sold AS IS. Tell him to kick rocks, or even better, tell him nothing.

 

[DiezelEinstein]

here in oklahoma... we handle our discrepancies outside the courtroom.

Thats why Oklahoma is the best place in the USA...

Dont answer his calls...waste of time...the only thing for you to MAYBE stress about is that he knows where you live if he picked the tank up at your house and may try to retaliate or vandalize if the guy's really bent over the filters...

 

[catnipgal]

You might want to call your local police department and see what advice they have to offer you.

They are usually quite handy in situations like this.