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Old 05-01-2018, 10:08 AM   #1
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Default New York Lawyer Sues eBay Buyer In Iron Man Comic Theft

A Canadian man exploited a PayPal loophole to steal a Rockland County man’s rare and pricey comic book, according to a new lawsuit filed in Manhattan Civil court Monday.

James Cracolici , of Nyack , says he sold a rare copy of Marvel’s “Tales of Suspense No. 39” — which features the first appearance of Iron Man — to Ontario resident Craig Saunders for $7,680 on eBay last month.

Cracolici says the comic was delivered, but Saunders claimed it wasn’t and convinced PayPal to give him a refund, leaving Cracolici out both a comic book and the $7,680, the suit states.

Cracolici, who is representing himself, is suing Saunders for damages totaling $7,733.67 — the price of the comic and the cost of shipping it to Saunders — plus to attorney’s fees, personal costs and interest, the suit states.

He’s also going after PayPal and eBay, claiming they conspired to defraud him. Cracolici claims eBay gave him no choice but to ship the valuable comic using USPS, which does not require a signature for delivery. He argues that Saunders had an easier time convincing PayPal that the comic was never delivered, because there was no record of him signing for it, according to the suit.

He is also seeking treble damages amounting to $23,000 from Saunders, PayPal and eBay, the suit states.
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Old 05-01-2018, 10:09 AM   #2
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Does he have actual proof that the guy received it and was lying?
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Old 05-01-2018, 10:12 AM   #3
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Originally Posted by LRV View Post
A Canadian man exploited a PayPal loophole to steal a Rockland County man’s rare and pricey comic book, according to a new lawsuit filed in Manhattan Civil court Monday.

James Cracolici , of Nyack , says he sold a rare copy of Marvel’s “Tales of Suspense No. 39” — which features the first appearance of Iron Man — to Ontario resident Craig Saunders for $7,680 on eBay last month.

Cracolici says the comic was delivered, but Saunders claimed it wasn’t and convinced PayPal to give him a refund, leaving Cracolici out both a comic book and the $7,680, the suit states.

Cracolici, who is representing himself, is suing Saunders for damages totaling $7,733.67 — the price of the comic and the cost of shipping it to Saunders — plus to attorney’s fees, personal costs and interest, the suit states.

He’s also going after PayPal and eBay, claiming they conspired to defraud him. Cracolici claims eBay gave him no choice but to ship the valuable comic using USPS, which does not require a signature for delivery. He argues that Saunders had an easier time convincing PayPal that the comic was never delivered, because there was no record of him signing for it, according to the suit.

He is also seeking treble damages amounting to $23,000 from Saunders, PayPal and eBay, the suit states.
What nonsense is the bolded? Do journalists do any research themselves anymore or just publish whatever anyone claims?
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Old 05-01-2018, 10:30 AM   #4
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I hope this is all true so buyers may think twice about cheating us sellers if not I'm going to start buying on ebay
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Old 05-01-2018, 10:51 AM   #5
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Selling something on the internet that is above $500 in value and not sending it with Signature confirmation is 100% the sellers fault for being a dumb -ss.

Even if you select free shipping, when you go to post office you ask for sig conf and grab that tracking number and upload it to ebay and paypal to cover your rear end.

Buyer just took advantage of a flawed system - shame on him but most of blame is on Seller.
I have gotten scammed like this in past and have lost a total of a few hundred bucks over the years. Not fair at all but it was my fault for not being diligent with my valuables when shipping.

Just my opinion.
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Old 05-01-2018, 11:27 AM   #6
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Cracolici, who is representing himself
First mistake.
Quote:
Cracolici claims eBay gave him no choice but to ship the valuable comic using USPS, which does not require a signature for delivery.
Second mistake. It will take the defense attorney approximately 15 seconds to prove this false. Which is the entire crux of his case.
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Old 05-01-2018, 11:30 AM   #7
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First mistake.


Second mistake. It will take the defense attorney approximately 15 seconds to prove this false. Which is the entire crux of his case.
Should have sent it registered mail, I used to do this when sending high value items to Canada. Or use the Global shipping program.
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Old 05-01-2018, 01:03 PM   #8
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Should have sent it registered mail, I used to do this when sending high value items to Canada. Or use the Global shipping program.
Not just Canada but anywhere

If it's more than $100 you should demand signature confirmation - they need to show ID to get the package as well
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Old 05-02-2018, 05:57 AM   #9
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Not getting sig confirmation was a mistake, but I mean.. it still showed delivered, right?
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Old 05-02-2018, 06:52 AM   #10
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Signature confirmation I believe is not available on International 1st class or priority mail but is available on Priority Express International. For an item this expensive I would use a private carrier like FedEX or UPS every time.
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Old 05-02-2018, 07:52 AM   #11
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Why would u take this to court? Just start a thread on BO titled "Buyer to block ____" then message him with a link to the thread. Way more effective

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Old 05-02-2018, 08:29 AM   #12
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Originally Posted by Ray27Ray52 View Post
First mistake.

.
Per Title the man is a lawer

" New York Lawyer Sues..."

However if he doenst have shipping/tracking showing the item was delivered he has no claim as well all know as he cant even prove it was delivered. That being said who know could of easily been graded, and at that point you've got numbers to show everything. At this point without seeing the full article, then listing etc, hard to make solid arguments at this point.
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Old 05-02-2018, 08:53 AM   #13
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Showing delivered doesn't mean the guy got it. That would never hold up in court
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Old 05-02-2018, 10:21 AM   #14
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Note to self....don't ever, ever hire this guy to be my lawyer...or even my latex salesman
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