S: a certain online auction/retailer feels my legal wrath...

**TheLoneGunman** · 06-14-2001, 11:02 PM

I am planning on making this thread an ongoing saga of my struggles against a certain online retailer.

Today I filled two lawsuits against them ($5000 in one case, $2500 in another) for failing to refund monies correctly for returned product (they credited to the wrong account and wouldn't correct it) and also for billing for unshipped product.

Their head of security called me an "extortionist" and said that their company considered me to be a criminal. I informed her that this constituted slander and she could see me in court (her $2500 suit is being filed tomorrow).

Today's fun activity -- Guess the company that has been ripping me (and likely others off) and is about to face my wrath in the courtroom.

(If you have followed my posts here, you know they aren't dealing with a pushover)

**irwin** · 06-14-2001, 11:39 PM

UBid? EggHead?

**hapoo** · 06-15-2001, 12:42 AM

oh oh oh
Staples???? God i hate them. yeah they're not an auction site... but i can hope cant i???

**Apex** · 06-15-2001, 12:48 AM

Egghead?

**TheLoneGunman** · 06-15-2001, 10:04 PM

Cases 11035 and 11036 are:

TheLoneGunman v. Onsale.com & Egghead.com, inc

and

TheLoneGunman v. Egghead.com, inc. & Onsale.com

The cases are scheduled for mid-July in Redwood City, CA

I will keep you posted so you can drop by.

Also, a Got|Apex polo shirt or dress shirt would make appropriate attire for this drubbing of the etailers. (hint, hint)

**irwin** · 06-16-2001, 12:14 AM

Cool, I was right. Give me my cookie.

**Burzhui** · 06-21-2001, 04:36 PM

Hey Lone Gunman hope you win this thing let them have it man, how do you go about filing a lawsuit?

**Mezpin** · 06-21-2001, 05:07 PM

Originally posted by TheLoneGunman
Also, a Got|Apex polo shirt or dress shirt would make appropriate attire for this drubbing of the etailers. (hint, hint)

I'll show up with a collar taped to my gotapex t-shirt.

Mezpin

**TheLoneGunman** · 06-21-2001, 11:54 PM

Just got my court date:

July 19, 2001 - Thursday, 1:30 PM - 500 County Center, Redwood City, CA

Cases SCS-110037 and SCS-110038

I just paid $20 each and filed them at the court.

By the way, there is one more suit because they keep referring to me as an "extortionist" and a "major criminal" and so I am suing them for Slander and Libel

**Burzhui** · 06-22-2001, 07:28 AM

Oh cool, i was actually about to file a lawsuit myself. Certifiedliquidations.com take forever to ship a product and then didn't respond to my e-mails. I am still rather pissed, they sent me the product today though 19 days after i got a request confirmation.

**TheLoneGunman** · 06-22-2001, 11:54 AM

Well in my cases, they are for actual losses.

In the first one, they owed me several refunds (over $1000) and they insisted they credited them to a credit card from a bank that was out of business. Therefore I never got the money. They said "tough. We did our best"

In the second case, they would charge me for stuff and then not ship it. This is a few years ago when I had a lot of money and didn't keep track of all my purchases. A clerk there clued me in to all the stuff they ripped me off for. In this case, I am suing under the RICO (Rackateer influenced Corrupt Organization) statutes so I get 3x damages.

**speedracer120** · 06-22-2001, 12:50 PM

Nice. Maybe you should ask for interest while you at it.

**TheLoneGunman** · 07-15-2001, 11:30 PM

The trial is THIS thursday - July 19, 2001

It is in Redwood City, CA at 1:30 pm

If you want to be a witness (i.e. you have been ripped off by Egghead or Onsale, or just want to dis them) or just cheer me on, I can set it up.

Apex - Can I get some official apparel to wear?

**revil** · 07-16-2001, 12:28 AM

personally if i was going to court for that much money, i'd be in a suit.

**welfareloser** · 07-16-2001, 08:46 AM

can you sue for slander/libel if all they did was call you names to your face? i thought you could only do that if they did the name-calling publicly, or at least in front of other ppl, thus damaging your reputation...

**TheLoneGunman** · 07-16-2001, 11:47 AM

Originally posted by welfareloser
can you sue for slander/libel if all they did was call you names to your face? i thought you could only do that if they did the name-calling publicly, or at least in front of other ppl, thus damaging your reputation...

They did do it in front of other people. They say they have a "file" on me and have told everyone in Egghead.

Further, under the California Code of Civil Procedure, it is illegal to threaten criminal action to gain an advantage in a civil case. (Collection agencies walk this fine line everyday. They make vague threats to have you arrested if you don't pay up. If they cross the line, they are in big trouble and in this case Egghead WAY overstepped the line -- and they owe ME money!)

As far as a suit, it seems that Judges (and this one in particular) prefers people in nice street clothes. Otherwise they think you come off as "slick". I have sat in her Court a few times to check this out.

**ChrisMG187** · 07-17-2001, 12:45 PM

You should have done it on one of the TV courts. That way we could all watch it and find out what happens!

**Grimm** · 07-17-2001, 01:31 PM

Originally posted by ChrisMG187
You should have done it on one of the TV courts. That way we could all watch it and find out what happens!

Oh, please no. TV courts are the bane of justice. It takes 30 minutes to try a case? I dont think so. Real court is borring. It is fall asleep in your seat borring. I want TLG to win his case based on its merits, not on what the viewing audience would like to see.
I hate fake reality TV.

**ChrisMG187** · 07-17-2001, 02:12 PM

**Burzhui** · 07-18-2001, 07:23 AM

My friend went on one of those things for 500 bucks and guess what, the tv people paid him 500 and the other guy 500 for the entertainment....

**Grimm** · 07-18-2001, 08:35 AM

It's chump change. The amount of money they make off that show is increadable. Your friend embarased himself so he could make $500 and the guys embarasing him could make $50000.

**TheLoneGunman** · 07-18-2001, 06:06 PM

Years ago, when Wapner was the only one on TV, I was invited to People's Court because I had a small claims case in LA.

I wanted to do it, but the other person wouldn't agree.

The big benefit is that they pay the other person's judgement immediately and it doesn't reduce either of your fees.

Therefore, except for being branded a loser on TV, the other party doesn't need to put up a major fight.

**Grimm** · 07-18-2001, 10:31 PM

Good luck tomorrow in court!

**ProMinx** · 07-18-2001, 11:54 PM

yeah TLG, good luck. You can go celebrate in Oregon afterward :-p

ProMinx

**TheLoneGunman** · 07-19-2001, 07:36 PM

Well, I kinda won.

It looks like Egghead and I will reach settlements in the cases.

We agreed to postpone the case for 30 days to see if they can write me checks that will make me happy.

It turns out that they are willing to be reasonable and do admit some fault. They just don't want to pay all my court costs too. I told them that I offered to settle before I filed but they got all huffy and dared me to sue.

Hopefully this will work out. Otherwise, we will be back in court on August 16.