Buyer wants to take me to small claims for not having item

[JIMD]

Hello,

I am in desperate need for some help. I listed a 45 record in error, a customer purchased, I refunded and cancelled within an hour of the transaction and now the ebay buyer says he is going to file a claim in small claims court and summons me to Wisc. THis person is a lunatic over $11.35 for the record.

Is this something he can legally do?. He says he held up his end in the ebay contract and I broke it. He has written me several messages telling me the steps he will take to summons me and if I do not provide the record within 7 days he will begin the process.

Any help would be appreciated.

JimD

[RageRat]

I wouldn't sweat it. eBay TOS provides for dispute resolution, you refunded money so he is not "injured" in any way, and I've found this online.
Small claims
commence action $10,000 or less, 814.62(3)(a), 799.01
$94.50
31001-04
$22 filing fee, $51 CSS, $21.50 JINFO; includes evictions,
- except tort/personal injury
31006
replevin, arbitration, forfeitures, actions $10,000 or less
Consolidated claim of multiple creditors = single action
Soooo...If he wants to spend 94.50 to sue, I'd say let him. The court in no way can force you to produse an item that you do not have, only repay("or make whole" in lawyerspeak) the injured party, which you have already.

[8307c4]

Tell this guy to have his attorney contact my team of lawyers first thing tomorrow.

Then again he's probably a word thrower, someone who likes to throw around threats of things they never intend to carry through, mostly to see if you'll jump.
They almost never get anything for their effort, but that doesn't seem to deter them much.

[Alpha]

Guy really does not have a leg to stand on

[Modee]

It won't happen for such a small sum of money. Stop worrying.