Dan, from just skimming over the many pages of posts, and not playing attorney or judge for either side, I noticed something else that I feel you would be called upon to give a clear and convincing answer to if this were really able to slip through a crack and end up in a court room.
If you felt he was scamming you, and you really asked hem to return the snakes (although your email does contradict that claim, and you have not been able to produce any of the "thousands" of emails where you claim to demand he return any snakes) why then did you give him more than the amount he paid as a refund? I understand you needed to have your kinsgnake account taken off suspension, but a simple verified refund of the amount he paid would have done that. Please don't tell me that is was to compensate him for his troubles, like you wrote before, because who compensates a criminal who is trying to scam you? Why would you pay him extra for trying to steal from you, and then let the entire issue drop until he brings it back up here on this site, THEN you go after him with what appears to be retalitory threats of litagation?
Fred
Fred:
Yes, you skimmed as the details are in there. This was back in July 2008 and I don't have the emails. I can perhaps produce phone records and the fellow who sent the animal has phone records. Either case, he contends the snakes were unsat, then why did he not insist to return them? Where are his emails saying he wants to return them? They are a rare snake and of course we did our best to get him to return them. He got more because I forgot how much it was and did some quick math and sent it via paypal and sent more than it was. And yes, I often compensate people for their troubles. I took a few days to get a photo of a dragon for a lady last week and sent her two dragons for waiting for me. I do it all of the time. Me nice. Someone else ordered a blue gecko, I threw in 2 because he was nice. Read the thread. I did not know why he filed the non-delivery report? He called in November and I said I would either send him my snakes or the refund. I told him a thousand times during this wait to take the money back and he refused as he wanted the snakes. He said OK, hung up the phone, filed a non-delivery report which suspended my account and he got on a plane to alaska the next day and I could not even reach him to ask what was wrong as we just spoke. So instead of waiting for the issue to be cleared, I refunded the money and thought he got into a fight with his girl and if it was more money then it was compensation for his troubles or whatever.
He filed a bogus non-delivery report with malicious intentions to freeze my advertising privileges despite he kept the other snakes. Now I do not know if you have much experience buying reptiles but if an animal does not arrive in good condition, normal folks return it as that is the standard in the business. He did not return the snakes when asked dozens of times. He kept the snakes. My or anyones guarantee does not state to keep the snakes from July to November and then file a non-delivery report.