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Legal Steps to take when someone doesn't ship something they were paid for>?


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Just wondering if anyone has advice on the correct authorities to contact when someone recieves money(have money ORder Receipt)for something they are supposed to ship but do not. This person is in a different state as well. I know where he lives and can prove he received payment. He is so far, not sending. Who do I call and or what recourse do I have. I know this person by they way, so word of warning, even if you know the person, you can still get screwed!! Any thoughts would be appreciated as I don't want to make the wrong move here. I'm trying not to employ any mafiaoso tactics here as that is my first instinct@!!! Thanks.

Sean Michael Mormelo

www.seanmmormelo.com

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[quote]Originally posted by Addix Metzatricity: [b]There are quite a few avenues for you here... My girlfriend dealt with something similar, so I'm gonna have to ask her what she did... Was this an eBay transaction?[/b][/quote]Yes it was an Ebay transaction.....

Sean Michael Mormelo

www.seanmmormelo.com

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I went down this road with e-bay and paypal, you can foget about any help there. paypal sucks. If you can prove you sent the money for a specific item to be sent to you, and prove the sellert received the payment, preferably by signature confirmation, you can file a claim in either small claims court (if the amount is within the guidelines) or civil court in your state. You will have to pay to have the party served with notification, and since they are from another state, fi they don't show it can become more difficult to enforce the default, however you can eventually collect. If you used the United States Postal Service to deliver the payment, it may possibly be a fereral offense...mail fraud. Unfortunaly, if the amount is not signicant in the eyes of the law (under a few thousand) it's pretty low priority for enforcement. You might find recourse by posting the persons name, address, e-mail info, etc., online, in hopes they will "see the light" or get harrassed enough by us good forum folks to do the right thing. Hope this is helpful.

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NP Recording Studios

Analog approach to digital recording.

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[quote]Originally posted by where02190: [b]I went down this road with e-bay and paypal, you can foget about any help there. paypal sucks. [/b][/quote]I must disagree with you there. In my experience PayPal has been very helpful in returning money that was given due to fraud. My girlfriend was stiffed after she paid (the seller didn't even [i]have[/i] the item they were selling). PayPal reimbursed her even BEFORE they received the original money from the seller. Out of their own pocket. I would say that PayPal definitely does not suck. You just have to know how to make your case (it doesn't hurt that my girlfriend's PreLaw either). eBay went on to close the seller's account and ban that email address.

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[quote]Originally posted by Addix Metzatricity: [b]How did you pay? PayPal? And... how long has it been?[/b][/quote]Paid with a postal Money order on the 16th..Sent it Express Mail Post office.....Didnt' use paypal because i know the guy and he has no computer....Didn't expect to get shafted by him.

Sean Michael Mormelo

www.seanmmormelo.com

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[quote]Originally posted by Sventvkg: [b] [quote]Originally posted by Addix Metzatricity: [b]How did you pay? PayPal? And... how long has it been?[/b][/quote]Paid with a postal Money order on the 16th..Sent it Express Mail Post office.....Didnt' use paypal because i know the guy and he has no computer....Didn't expect to get shafted by him.[/b][/quote]This is the reason they have Signature Confirmation... It only costs you like $1.

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http://www.mp3.com/Addix_Metzatricity

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[quote]Originally posted by Addix Metzatricity: [b] [quote]Originally posted by where02190: [b]I went down this road with e-bay and paypal, you can foget about any help there. paypal sucks. [/b][/quote]I must disagree with you there. In my experience PayPal has been very helpful in returning money that was given due to fraud. My girlfriend was stiffed after she paid (the seller didn't even [i]have[/i] the item they were selling). PayPal reimbursed her even BEFORE they received the original money from the seller. Out of their own pocket. I would say that PayPal definitely does not suck. You just have to know how to make your case (it doesn't hurt that my girlfriend's PreLaw either). eBay went on to close the seller's account and ban that email address.[/b][/quote]You can disagree all you want, but I have the cashed check to prove it, and well over a year later Paypal has not reimbursed me for it. I recieved something not even close to what was advertized in very poor condition, and they told me I got the merchandise and was stuck with it. I know several others who had similiar situations. Paypal sucks, they are interested in one thing, getting their cut. If the buyer sends the money and the seller ships something, that's all they care. Otherwise, its their word against yours. So disagree all you want, it happened. Hope this is helpful.

Hope this is helpful.

 

NP Recording Studios

Analog approach to digital recording.

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[quote]Originally posted by where02190: [b]You can disagree all you want, but I have the cashed check to prove it, and well over a year later Paypal has not reimbursed me for it. I recieved something not even close to what was advertized in very poor condition, and they told me I got the merchandise and was stuck with it. I know several others who had similiar situations. Paypal sucks, they are interested in one thing, getting their cut. If the buyer sends the money and the seller ships something, that's all they care. Otherwise, its their word against yours. So disagree all you want, it happened. Hope this is helpful.[/b][/quote]Well, though I feel for you, you recieved an item. Most likely it was clearly stated in the auction something to the effect of "Item Sold As Is". Which leaves neither you nor PayPal any recourse against the person. It's unethical and unfortunate that this person mislead you, but it's not illegal.

"Bass isn't just for breakfast anymore..."

 

http://www.mp3.com/Addix_Metzatricity

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[quote]Originally posted by Addix Metzatricity: [b] [quote]Originally posted by where02190: [b]You can disagree all you want, but I have the cashed check to prove it, and well over a year later Paypal has not reimbursed me for it. I recieved something not even close to what was advertized in very poor condition, and they told me I got the merchandise and was stuck with it. I know several others who had similiar situations. Paypal sucks, they are interested in one thing, getting their cut. If the buyer sends the money and the seller ships something, that's all they care. Otherwise, its their word against yours. So disagree all you want, it happened. Hope this is helpful.[/b][/quote]Well, though I feel for you, you recieved an item. Most likely it was clearly stated in the auction something to the effect of "Item Sold As Is". Which leaves neither you nor PayPal any recourse against the person. It's unethical and unfortunate that this person mislead you, but it's not illegal.[/b][/quote]The item advertized and the item received were tow different models, with very distinct differences and values. The ad said product A. I received product B. Paypal said tough luck for you, we got our money, we'll look into it. a year later and paypal had done nothing, and I never heard back from them. I inquiries to them go unanswered. Hope this is helpful.

Hope this is helpful.

 

NP Recording Studios

Analog approach to digital recording.

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Well we all have heard Palpal horror stories and I frankly believe they offer little protection. Use them only when it's insisted that I do for a transaction as far as recieving money because they are a rip off....Cost too much...as far as sending, i'm happy to send via PP because the seller is charged....Anyway, The thread was about contacting legal authorities when someonthing is paid for but not sent..I believe that is called theft...I just need to get a handle on the proper steps involved as to who to call..I have the guy's info, where he lives, can prove he cashed money order etc etc.....

Sean Michael Mormelo

www.seanmmormelo.com

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As already mentioned though, you will probably just SWALLOW this one if it is under $2000. If you try and fight it, the only real winner will be your lawyer ! The only other thing I can think of ,besides charging with mail fraud ,is the FEDERAL TRADE COMMISION. I'm thinking of letting them loose on my VACATION BROKER who sold me $2500 worth of useless TIME SHARE. Dan http://musicinit.com/pvideos.html
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[quote]Originally posted by techristian: [b]you will probably just SWALLOW this one if it is under $2000. [/URL][/b][/quote]Or the other solution you mentioned [img]http://members.fortunecity.com/moran9/7871acd0.jpg[/img]
"A Robot Playing Trumpet Blows"
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Regardless of his location, there is also small claims court. Check into it in your area but you should be able to file a claim there and subphoena should be issued to the sued party. If he doesn't show a warrant can be issued. As stated above, speak to the US Postal Service. Your postmaster should be able to give you all the information you need. You might also check their website. I haven't looked but there may be information there that can also assist you. Too very often it's the folks you are acquainted with that try to lay the shaft. Good Luck.

 

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