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 18:47:31 · 6 answers · asked by Oren 2 in Business & Finance ➔ Other - Business & Finance
I would check EBAY rules to see if there is something you can do. Possibly not, though.
2007-08-12 18:59:52 · answer #1 · answered by jdkilp 7 · 2⤊ 0⤋
OOoooh, you're pretty much SOL, sorry to tell 'ya that.
Of course 'legally' they are obligated to either pay or return the item, but good luck enforcing that. The police would not get involved as this would fall under a civil matter. That means you would have to take them to small claims court... in THIER jurisdiction, and that's the kicker. You would have to sue them in CA.
This is a wierd suggestion, but try contacting one of those television court shows. If they think your case would be interesting, they can help you file, and pay all travel expenses for both parties.
And of course I'm sure you've left negative feedback for them on eBay. Best of luck.
2007-08-12 19:08:27 · answer #2 · answered by lmn78744 7 · 0⤊ 0⤋
In a way, the mistake shouldve been avoided altogether, the whole reason why paypal and tracking protocols exist. the merchandise is always sent out on the sellers discretion and what they state as the sale terms. if she failed to collect payment from the buyer, it can be interpreted that it was either payed for in other means, or just trusting/friendly (but not business process) enough for her to send it out without question. remember, that when you do dine out, your acceptance is that you eat the food, whether you dine and dash or pay is another story, but online, it is a different story. but..
you can tell ebay that it was a error on your behalf and that the item was indeed received by said buyer and show proof. and if he was the winning bidder/buyer and did click the committing himself/herself to pay for said item then he/she is held responsible (if you recall you do not have to pay immediately depending on the terms of sale, but up to 7 days)
evidence can help you in this matter greatly, and if it does not, see it a learning experience.
2007-08-12 19:04:19 · answer #3 · answered by realwrekonizereal 3 · 0⤊ 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.
2016-05-21 03:49:26 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Yes they do have to pay we received a item unpaid for and had the police arrest us and held the item at police station till it was paid for
2015-07-08 09:55:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you want to keep your account from getting suspended.
2007-08-12 18:59:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋