Okay a few days ago i started an ebay buisness with paypal. I listen 100 items before i actually had them them. Everyone payed me and i have like 5000 bucks. I spent 2000 on a car and another thousand on a vocation to florida. But i was never able to get the items becasue they went away. So now all these claims are being made on my paypal about un recieved items and stuff. I buisness failed. I still had 2000 in my paypal account in which paypal took to repay everone else but im 3000 grand in the red. This looks like fraud. If i pay back the money like 100 a month can anything happen to me since im paying the money back?
2007-09-04 06:48:51 · 6 answers · asked by Daniel M 1 in Business & Finance ➔ Other - Business & Finance
Talk to a lawyer.
2007-09-04 06:52:27 · answer #1 · answered by ? 6 · 0⤊ 0⤋
Daniel, your business sure seems suspect. In other words, it sure sounds like you intended not to follow through. But I will give you the benefit of the doubt. What you did was legal as long as you can prove your story. You are involved in what ebay calls presales or preselling. Preselling can be risky business. Personally I wish ebay DID NOT allow presales, but they do. Preselling allows a seller to sell items to buyers before the seller actually has the items in hand.
Of course, ebay/Paypal requires the seller to presell only 30 days or less prior to shipping. So I cant sell you next years Ipod in advance until 30 days prior to its release. This rule is not enforced unless a 3rd party reports it to ebay; as ebay doesnt have the time/resources to prevent. Nice huh? In this way, one could say ebay promotes fraud. That is another story.
You should have left the money in Paypal until you received the merchandise, so that in the event you did not receive you could refund. Now you esentially created a way to take out a loan with other people's money and without their permission.
Any money you put into Paypal will immediately be taken and distributed to your debtors in the order in which they filed claims. So yes you should pay it back as quickly as possible.
As far as legal issues go, anyone of the buyers can take you to small claims court and/or file for fraud. Question: Has your business filed for bankruptcy?
If you want to avoid police visits and legal action I would contact your buyers and try to make ammends. However, if they used credit cards they probably already received credit from paypal and/or their credit card company. Now the credit card companies may be on your tail.
Is what you did fraud? Maybe, maybe not but you are definitely walking a fine line. Irresponsible? Definitely. Intentional? That is for the courts to decide. You tell me.
PS What exactly do you mean by the statement:
'But i was never able to get the items becasue they went away.' ? Seems intentionally ambiguous.
2007-09-04 07:24:57 · answer #2 · answered by G-Man 2 · 0⤊ 0⤋
You are not making good sense. If you sold the items on ebay and did not ship them to the buyers and instead took the money and had a good time"that is Fraud" along with theft etc. Do you think Pay Pal should loan you the money because you screwed up??? Think about it!!
Before you start another business learn how to write a sentence.
2007-09-04 07:00:27 · answer #3 · answered by My Baby! 7 · 0⤊ 0⤋
You listed items for sale that you did not have
You took peoples money and spent it
You did not have a business that failed unless stealing is a business.
This does not look like fraud, it is fraud.
Can something happen to you since you are paying the money back? Darn right. Arrest, conviction jail.
btw: Learn to use the spell checker
2007-09-04 06:55:41 · answer #4 · answered by Anonymous · 2⤊ 0⤋
What you did was legally fraud. Best to contact Paypal and arrange to pay back money you took that you never sent product out for.
2007-09-04 14:38:56 · answer #5 · answered by Elaine M 7 · 0⤊ 0⤋
It is fraud.
2007-09-04 06:53:07 · answer #6 · answered by October 7 · 0⤊ 0⤋