Lawyer Help!

[Bulls on Parade]

So I sold my collection a few months ago. The buyer said the cards were all fake (they were all real). He filed a paypal dispute, and won because I never received any emails from paypal and thus didn't/couldn't respond to the dispute. I filed for an appeal, but the representative I spoke to told me I was almost certainly not going to have my case appealed because I didn't respond to the dispute and it was past the appeal deadline.

Now I have a debt collection agency trying to collect $2000 from me, because paypal issued a totally invalid refund. Is there anything I can do, at all?

[The Chosen One]

Is his opinion that the cards are fake just his opinion? Did he have them sent somewhere to get validated? Does he have a receipt if he did? What's the buyer's name so we can all avoid his ass?

I would look into getting information about how he determined the cards were "fake".

[Bulls on Parade]

Is his opinion that the cards are fake just his opinion? Did he have them sent somewhere to get validated? Does he have a receipt if he did? What's the buyer's name so we can all avoid his ass?

I would look into getting information about how he determined the cards were "fake".

Completely an opinion. Actually, not even an opinion, a downright lie to get a free collection. Unfortunately it looks like it worked. It's just way too late for me to get them to appeal the case I guess. Paypal is fucking ludicrous for handling the case like it did.

[Zherbus]

They did almost the same thing to me. Haven't resolved it yet.

[Hi-Val]

IANAL but from what I remember about collection companies, they actually cannot do a whole lot to get your money. They rely on sending very threatening letters to scared people on legal letterhead. Unless they make a court date, they are just going to try to intimidate you.

I would email the buyer, or mail him something certified in the mail, asking for the "fake" cards back. If he says he "threw them away" then you have him.

[Moxlotus]

Paypal really fucks the seller over on any dispute.  Once google or someone else sets up a nice internet pay site paypal will crash and burn.

If the collection agency makes a court date, then you should be jumping for joy to show that they are not fake.  Or at least you would get your cards back.

[Bulls on Parade]

It's just absolutely fucking insane to me that I can get the telephone representative to say "Yeah, it is a very unfair policy, I'm so sorry" yet still they won't do anything about it. I guess I'm going to pay the debt collecting company. They haven't said anything about a court date, and when I said I'd most definitely be seeking a lawyer they sort of freaked out, but I mean I'm 19, in college, and I don't feel like having my credit destroyed because of this. Obviously it's a huge sum of money at my age, but if there's nothing I can do then that's that. I'd rather spend the money on a plane ticket to the buyer's house, though.

[Moxlotus]

and when I said I'd most definitely be seeking a lawyer they sort of freaked out

That means they are scared.  Let them try to get you when you are perfectly willing to give their money back for your collection back.

[Hi-Val]

Collection companies are financial terrorists. I am completely serious about this. Paying them will let terrorists win. Look at what happens: you get ripped off, and now you want to pay them to go away! You're out $4k here. And now you're the one who has done something wrong? Next time they contact you, you might consider telling them that they can take you to court whenever they want but they aren't getting a cent from you before then.

Paying $4k to protect your credit rating is seriously foolish.

Contact this guy, with registered mail, and tell him to send you the fake cards back. Let him know that you have contacted the police in his area and charged him with felony theft (and you should do this). Contact the USPS and charge him with mail fraud, which is also a federal felony. Let this asshole know both of these things. That will seriously get the ball rolling.

[Demonic Attorney]

Paying $4k to protect your credit rating is seriously foolish.

[Aardshark]

As someone who recently bought a set of power on ebay, my understanding of paypals policy is that its buyer-friendly, in that its easy for a buyer rescind (undo) a transaction where he believes the goods did not substantially conform to the stated condition.  (This is the only reasons I was willing to repeatedly send hundreds of dollars into cyberspace!) 

However, to get his/her money back, a buyer MUST return the goods.

Ebay/Paypal has certain policies and procedures you agree to when you use their sites, which includes abiding by their decisions in arbitrating disputes. 

Here, they arbitrated the dispute and ruled against you (by default because you didn't respond--not your fault, but that's tough luck), and allowed the buyer to rescind the transaction.  Since you've already agreed to abide by ebay/paypals decision in resolving your dispute, you probably have no right to enforce the transaction and keep the money (assuming you lose the appeal as they said you would).

However, you have an ABSOLUTE right to your cards back, and should pay nothing until you do.  The buyer DOES NOT have the right to keep your $ and the cards (whether they are real or not).

[Hi-Val]

I talked to my dad today about this kind of stuff; he is dealing with a screwup on Paypal's part where they thought he was someone else and slammed him for $450 (or attempted to). I'd mentioned your situation and he suggested going to www.budhibbs.com and giving it a read. If you can get past the atrocious site layout, he has some fantastic stuff there, including information on how debt collectors terrorize people as well as cease-and-desist letters that you can send them.

File with the police as well.

Best of luck, keep us updated!

[BreathWeapon]

It wont affect your credit rating, you have the right to add an adendum to your outstanding debts, stating the reason that the debt has not been paid (outstanding litigation). Do not pay them,  because you will have more hurdles to jump thru' to get your money back then you will with dealing with the collection agency, and if they don't send the cards back, then they do not have any right to charge you with a collection (only a refund).