Item delivered, supposedly wrong, person won't return item and created chargeback

[Marc1991]

What is the name of your state (only U.S. law)? FL

Recently I sold a item for $2000 on eBay (it is a high end small oven).
I shipped the item using FedEx, and insured it and had confirmed delivery (signature required).
The buyer filed a case with PayPal stating the item arrived broken and used (it was in perfect and brand new).
He refused to show evidence. PayPal did nothing, neither did eBay.
Since I had insurance on it, FedEx offered to pick the item up, return it to us and pay for damage.
The buyer flat out refused to let the FedEx inspector in (the case file is noted with a (refused to give package).
Now that eBay and PayPal won't do anything he buyer did a charge back.
I offered to ship it back to me at my expense. So the person stole my oven and my money by doing this chargeback, and refuses to return the item.
What can I do? They live in New York, I live in Florida.

 

[justalayman]

so, head on up to NY and sue them.


Have you spoken with PayPal with the refusal to give the item to FedEx?

 

[Marc1991]

Do I actually have to go to New York to do this? That is sort of not an option for me.
And even if, I have no idea how to proceed with this. Is there a chance of recovering my item/money even if I sue?
PayPal just said try to solve it yourself basically and closed my inquiry.
The buyer has my item, refuses to return my item even at my expense, has stolen my money. This is ridiculous.

 

[justalayman]

you can try to sue him in Florida but when you get a notice of dismissal due to the Florida courts lacking jurisdiction, you will see that your only real recourse would be to go to NY.

as to getting your money back: getting a judgment is only the first step. After that, you have to collect on the judgment. Sometimes that is the hardest part.


did you tell PayPal that you have proof he refused to return the item, at your expense, and refused to hand it to the FedEx guy and they simply told you to go away? If so, it's sounding like PayPal isn't worth the cost of using PayPal.


all I can suggest is scouring the agreements with eBay and PayPal to see if you have any recourse through their systems. If not, you would have to weigh the costs to attempt to recover this through the courts and determine what you want to do.

the only other possibility I can even think of would be to contact the police local to the "purchaser" and attempt to file a complaint. As described, it could be seen as some sort of theft or conversion. Whether the cops or prosecutor would do anything about it is a different question which I don't have the answer to.

 

[Marc1991]

I set up a pick up with the buyer and a FedEx inspector, who would come to their house, inspect the package, and take it back to send it to me.
On the FedEx page it stated that they attempted to pick up the package 3 times, 2 times the package was "not ready", and on the third time the buyer refused to give the package.

 

[justalayman]

then it's pretty obvious the person made an intentional effort to retain the item. If it was me, I would at least explore the criminal aspect. It may not get you your item back and it may not go anywhere but if if does either, justice will be served.

 

[Marc1991]

The thing I am considering the most is calling the police in his area, because in my eyes this is clearly theft.
Another thing is filing for collection. I sold this item as a company, the item was delivered, but the payment was withdrawn, which means his account is still over due for the payment. Is that a viable option?

 

[justalayman]

Another thing is filing for collection. I sold this item as a company, the item was delivered, but the payment was withdrawn, which means his account is still over due for the payment. Is that a viable option?

It costs you to utilize a collection company. How much is something you would negotiate with the collection company but in reality, they cannot do anything more than you can other than it makes it sound more serious coming from a collection agency.

 

[Marc1991]

I see. I just refuse to be had by some ******* who abuses Ebay's ignorance.

 

[justalayman]

I see. I just refuse to be had by some ******* who abuses Ebay's ignorance.

well, do what you can and if all else fails, this goes on the list of business losses on your taxes.

 

[Zigner]

well, do what you can and if all else fails, this goes on the list of business losses on your taxes.

Why? It doesn't sound to me like anything was "lost" by the business. The OP simply used his position as a business owner to sell a personally owned item.

I could be wrong of course.

 

[Marc1991]

Why? It doesn't sound to me like anything was "lost" by the business. The OP simply used his position as a business owner to sell a personally owned item.

I could be wrong of course.

I sold it as the business, my eBay account is connected with my overall business.
I do this for a living, I have a lot of these ovens. I don't usually sell on eBay however, because there are too many people out to rip sellers off, as you can see here.

 

[Zigner]

I sold it as the business, my eBay account is connected with my overall business.

I understand. But, was this something that was just sitting in your garage that you sold, or was this an actual item of the company?

 

[Marc1991]

I understand. But, was this something that was just sitting in your garage that you sold, or was this an actual item of the company?

I sell electronics and house ware items (the oven is one of them). I don't have a brand, I have a store.

 

[Zigner]

I sell electronics and house ware items (the oven is one of them). I don't have a brand, I have a store.

Thank you - and I stand corrected. I was under the impression that you simply funneled a personal item through your company for convenience. I was mistaken.