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Estafa case against online seller

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1 Estafa case against online seller on Wed Oct 30, 2013 1:18 pm


Arresto Menor
Good day atty.
I recently filed a case against an ebay online seller for sending me a counterfeit bags. The case was estafa coz im requesting for a full refund but she refused. Last oct. 29 i met the seller for preliminary investigation and she submitter her counter affidavit against my complaint. After reading her affidavit, the seller created her own story saying that i am aware that the bags she is selling are fake/imitations that it was just an act of extortion. How can it be extortion since I am the one who gave money on them and i just wanted to get the money i paid for the bags. Now my question is I still have our conversation from the time i purchased the bags with her on my iphone. The exchanging messages asking and confirming her that all the bags she is selling are all authentic. All her false story can be proven with our conversation thru text. Can i use our text conversation as evidence to prove that what she wrote on her affidavit are false? Further, before we meet in fiscals office last oct. 29, she texted me dated oct. 14 that she wanted to settle things out of court. So i told her just pay me this certain amount and i will not pursue the case. That's why I wonder all of a sudden she deny my accusations against her. Can i also use this as evidence that once a person wanted to settle things out of court it means you admitted the crime you did. Can i present this also as evidence?

Looking forward to your reply atty and your advice is highly appreciated.

Thank you.

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2 Re: Estafa case against online seller on Wed Oct 30, 2013 3:57 pm


talagang idedeny yan. ang sunod na isusubmit mo dyan eh Reply-Affidavit. sabihin mo lang dun na bago mo binili mga bags, tinetext ka nung seller na authentic yon. I suggest na magkonsulta ka ng abugado kung ano pwede steps na kunin.

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3 Re: Estafa case against online seller on Wed Oct 30, 2013 3:59 pm


Reclusion Perpetua
Can a compromise agreement be accepted as an evidence? I don't think the court will accept it. Unless there is a witness testimony at the time of the compromise agreement. The party offering an evidence must be able to show that the source of the evidence makes it so.

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4 Re: Estafa case against online seller on Wed Oct 30, 2013 4:42 pm


an offer to settle criminal liability is evidence of guilt.

yes, your text messages and emails are evidence. present them as screen shots.

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5 Re: Estafa case against online seller on Thu Oct 31, 2013 2:09 am


Arresto Menor
Atty shall i print out the screen shots of our conversation to present in our next meeting? I still have all our conversations from the time I am inquiring about her bags until I am begging her to pay me back. Further, is there a possibility that she will deny that its not her number or let say she's not the one who is texting me.

Looking forward to your opinion.

Thank you and God bless.

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