My mother-in-law accidentally shipped a $300 blender to an eBay buyer BEFORE he sent a payment. He received the item and I was never able to hear from him again.
Stupid mistake we can all agree on that, but what do I do in such case? I live in MN and he lives in CA. He won't respond to any of my emails (both the nice and the not-so-nice ones).
Should I bother the local police about this? Isn't he obligated as a side in this transaction to pay for this item whether or not it was shipped first? Isn't that like in a restaurant, that you get the food then pay?
2007-08-12 18:47:13 · 20 answers · asked by Oren 2 in Politics & Government ➔ Law & Ethics
It sounds like a civil matter to me. You can write to eBay and see what they can do for you. Certainly leave the appropriate feedback for the individual as well.
2007-08-12 18:52:00 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Yes, he is obligated to pay, once he won the item. If eBay doesn't resolve this (non-payment), then you can sue in MN, he won't appear, and you will have a default judgment that you can file in California, perhaps seizing his assets, or placing lien on his house. Have fun, and don't let this punk get away with it.
You could also inform the local CA police of "theft by deception" and have him arrested immediately.
2007-08-13 03:30:26 · answer #2 · answered by Nuff Sed 7 · 0⤊ 0⤋
Yes, if you are the winning bidder you have a legal contract obligating you to pay for the item. And it doesn't matter whether it was sent before the payment was received. It appears that what the bidder has done is fraud. Have you reported it to eBay? See what recourse you may have with them. Good luck.
2007-08-12 18:53:25 · answer #3 · answered by treebird 6 · 0⤊ 0⤋
In Ebay, when you bid on an item, you ethically enter a contract that obligates you to pay for the item. Take up the non-paying bidder with Ebay, and they will help sort things out. A poor feedback rating will also help warn others that the offender might not pay for the item
2007-08-12 18:51:33 · answer #4 · answered by Anonymous · 2⤊ 0⤋
He is obligated but it is a lengthy process...do you have the shipping information, because that is a must. I believe there is a way to report through Ebay that the item wasn't payed for before being shipped...it's really tricky, but you can pull it off through ebay to give you a payout of the amount lost and they will suspend the buyers account.
2007-08-12 18:51:23 · answer #5 · answered by Jeremy J 4 · 2⤊ 0⤋
You have the right to keep anything that was shipped to you. If the federal gvmnt f'd up and sent you a tank it's all yours. You don't have to pay for that. A magazine company said they'd send me a free issue so I said go ahead. They sent me like six issues and then billed me for the other five. Obvious trick but they said I had to pay for them because I recieved them. The fact is you do not have to.
I'm in the Logistics industry and I charter airplanes for a living. I get the consignee's address in writing from the customer in case they give me a wrong address and it ends up delivered we may not be able to get it back.
2007-08-12 18:52:24 · answer #6 · answered by thetyranyofevilmen 2 · 0⤊ 2⤋
If the transaction was complete and he agreed to buy it, then he is obligated to pay, and you can take action if you are inclined to do so. You should first send him a certified letter giving him 30 days to pay up, and explain that you will take legal action if he doesn't. Then, if he doesn't, contact a lawyer and see what you can do.
2007-08-12 19:05:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes he is legally obligated but you have to have prove that he received it. IF you have that proof then he should be made to pay it. Contact ebay and they can help you with the proper steps to take to fix the problem.
2007-08-12 18:52:16 · answer #8 · answered by <Carol> 5 · 0⤊ 0⤋
Yes, he legally owes you, and the only way you could get is to file a claim in small claims court. If you had to go to California it would cost you more that $300.
Maybe you could contact one of those TV shows like "Judge Judy" they might take the case. Good luck if you get on a show.
2007-08-12 18:57:27 · answer #9 · answered by Aliz 6 · 2⤊ 0⤋
No, he is not legally obligated to pay you anything. But morally he should if he's a good person. But NO he has absolutely positively no obligation what so ever to pay you anything. That's your mistake and a judge would not waste his time. Just take it as a lesson learned.
I'm sorry for you I hope he pays on his own. People are so mean.
2007-08-12 18:57:23 · answer #10 · answered by Anonymous · 0⤊ 1⤋
No, your MIL shouldnt have sent it. Mistakes happen and hopefully she learned a lesson. If she tries to file a claim, he's going to say that he already paid, and she's going to say no he didnt, and he's going to tell the judge "then why did she send me the blender?" And unfortunately, thats going to be the end of that. I wish I had better news for you.
Any file with ebay is going to be the same way. He's going to tell them he sent cash and that she sent the blender. Ebay wont even put a mark on his account.
2007-08-12 19:07:52 · answer #11 · answered by zebj25 6 · 1⤊ 1⤋