I'm being taken to small claims court for craigslist ad for chair ad

[deekaydee]

Please help. I posted an ad to sell two matching chairs on Craigslist but they sold before I could deliver to a person wanting just one of them and yesterday I got a notice to appear in small claims court with that buyer as Plaintiff. Notice said explaination was attached but there was none. I'm guessing it's about the chair as that is the only way I know that person. Below is the history (read from bottom to top). Appreciate any advise. And yes, I'm pulling my ads off the Craigslist and will just take it all to the Thrift Shop after this bad experience.

11/6 12:05 pm called that chairs were no longer available. Sold at Thrift Shop. She said I had one chance to ??? something about paying her?? She called again and said deliver the chair or pay her {I think} it was $1000 or she would take me to court. I explained to her again I couldn't sell her the chair because the Thrift Shop sold it.

11/6 sometime between 10:30? and 11:30? Buyer called me that she would meet me at her work location and had cash.

11/6 sometime in the morning I left two messages one on her work number and one on her cell phone to see if we were meeting before I drive across town.

11/6 10:10 am I sent buyer email to call me to make sure on for appointment before drive across town.

11/5 10:43 I sent buyer reminder we were meeting and asked her to call if she cannot and price is $150 cash

Don't recall date but we talked on phone. I said I could bring the chair to her office since it was close to the thrift shop. [Believe property being at Thrift shop makes it corporeal personal property so how does that affect this transaction? I found that word on the internet today. I offered this because a lot of people don't like to drive on post due to security inspections of car, etc. I was willing to take risk that she may not want the chairs after seeing them as I'd only be out a few miles and I would withdraw the chairs anyway so wouldn't become Thrift Shop property towards the end of November].

11/1 9:41 I sent buyer email response that I accept cash only and she needs to make an appointment to pick it up and I normally need a couple days notice but could be available today [Thursday] if she calls before lunch [I wrote this because the Thrift Shop is open until 2:30 on Thursdays, closed Friday, I wasn't sure about that Saturday, Closed Sunday and Monday] and I wrote I can deliver for a small fee in my car. [I was at the Thrift Shop sometime between Tuesday and Thursday and knew the chairs had not sold yet.]

11/1 Buyer emailed "Please consider this as acceptance of your asking price. I will call later."

10/31 7 pm I emailed yes, $150 firm

10/? Buyer asked if the chair was available.


10/? I posted ad on Craigslist to sell two upholstered matching chairs, french style stating I'd sell as pair or separately.

 

[deekaydee]

Forgot to ask, I'm applying for jobs and may have to move out of state. What happens if I can't make the court date?

 

[Duranie]

This lawsuit sounds totally ridiculous BUT if you are served with a summons, you must show up otherwise she will win in default. She could be hoping that you just dont show up so she gets a judgement. Unless you took any of this womans money I dont see how you owe her anything.

So yes its a bad idea to move out of state.

 

[WebJunkie]

This lawsuit sounds totally ridiculous BUT if you are served with a summons, you must show up otherwise she will win in default. She could be hoping that you just dont show up so she gets a judgement. Unless you took any of this womans money I dont see how you owe her anything.

So yes its a bad idea to move out of state.

Right. LOL!

What would they make him do? Reverse the sale the thrift shop made so he could sell one to the slow person who didn't get there in time?

How insane!

To the OP, you're going to have to show up. And when you show up, you're going to have to do everything you can to not laugh while this person explains what is going on. Then you're going to have to try and maintain composure responding that you simply sold the chairs before they contacted you.

Feel free to move /if/ you can get back on the day for court. Don't just ignore it though, or else they'll win.

 

[deekaydee]

Duranie & WebJunkie,
Thank you for your response. You made me feel better. I was horrified to receive the notice as nothing like this has ever happened to me before. How can I find out if she is doing this to other people and help put a stop to it?

 

[WebJunkie]

Duranie & WebJunkie,
Thank you for your response. You made me feel better. I was horrified to receive the notice as nothing like this has ever happened to me before. How can I find out if she is doing this to other people and help put a stop to it?

You could try sending letters/emails about the situation to your local news reporters/journalists, though you /may/ want to be careful and clear what you would say through a lawyer first. There's a reason companies tend not to comment on current litigation.

 

[PhoebeTallulah]

Dear Deekaydee:

I wish I had some specific advice but I wanted to commiserate with you because I just found myself in an extremely similar situation! Before I share my story, I'll just say that it's a shame as Craig's list really is a great tool...and there's these very few people who are clearly big babies when they don't get their way. Or they're just litigious scammers. I'm tempted to expose my difficult person but I don't want to add fuel to our ongoing fire. I posted the following in this thread and haven't had any advice back yet, but that's OK. I feel I've done all I can with this woman. Just wanted to share that you're not alone.

Here's my post:

I advertised a cabinet to sell on Craig's List (which is similar to an online version of a local Trading Post) for $90. A woman responded, came to look at the cabinet and insisted upon giving me $90 cash to hold the cabinet until she returned the next day. Of my own accord, I created and provided her a receipt.

The next day, she didn't show. At the end of the day, she called and said she would be back "weekend after next".

She never showed or called again.

I did not retain her contact information as I felt the onus was on her to come get the cabinet.

[ I didn't say this in my original post but I did post an ad on Craig's list after 4 week trying to contact her since I no other way!]

After more than 4 weeks, I sold the cabinet to someone else.

After 6 weeks, she emailed me at midnight stating she could come the next day.

I replied that I no longer had the cabinet, assuming she didn't want it, and would gladly fully refund her money right away if she provided an address.

She said she was sorry for not contacting me sooner and asked me to send her money back via money order and provided her address.

Several hours later, she emailed again and stated that I had no right to sell the cabinet, [that it was hers, and not mine to sell] and that she didn't want her money and instead wanted me to produce the cabinet.

I replied that that was not possible and that her money order had already been sent.

She then threatened to take me to small claims court and to report me to the Attorney General's office for internet fraud.

I replied that her money was refunded to her as per her written request and that further contact from her would be construed as harassment.

Does she have any sort of valid argument? I feel that I accepted her deposit in good faith and that she relinquished her claim on the cabinet by not picking it up in a reasonable or timely manner. It's not as if I didn't return her deposit. I can't retrieve the cabinet even if I wanted to.