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suburbanspork

Junior Member
What is the name of your state (only U.S. law)? NY

I sold a clock through a forum about a month ago. The seller paid with a money order, which I received and cashed. I then sent the clock to the out-of-state buyer parcel post. I, stupidly, didn't get delivery confirmation on the package. The shipping method was not specified at any point during the transaction, so I felt free to save a couple of bucks and not ship Priority.

The seller is now claiming that he never received the package and is demanding a full refund. I have no way of knowing whether it wasn't received or whether the buyer actually did receive it and is trying to scam me. He is further threatening to sue me in small claims court for the full cost, plus court fees.

It's always been my understanding in these matters that, legally, the seller's responsibility essentially ends when the item is shipped. I don't feel it's fair to give a full refund when the seller may very well be simply scamming me.

What are my chances in court?
 


JustAPal00

Senior Member
You have a responsibility to deliver the goods. Just like he had to deliver the money! Had his money order been lost in the mail and someone else cashed it, would you have been required to send him the clock?
 

suburbanspork

Junior Member
But what about the possibility that the buyer is lying in an attempt to scam me? Does that not matter?

Thanks for the replies.
 

FlyingRon

Senior Member
Absent any evidence to the contrary, it makes no difference. Why do you assume the buyer is scamming you? Why did you not pay for insurance or at least delivery confirmation? How would it feel to you if you forked over hard cash and some bone headed seller just said "I shipped it you're screwed."

Did you file a notice of lost mail with the post office? How many days has it been since this was shipped? I assume you shipped it Parcel Post. That can be real slow. If you shipped it by media mail it could be even slower, and may actually be being returned if it's something not legal to ship that way.
 

suburbanspork

Junior Member
Absent any evidence to the contrary, it makes no difference. Why do you assume the buyer is scamming you? Why did you not pay for insurance or at least delivery confirmation? How would it feel to you if you forked over hard cash and some bone headed seller just said "I shipped it you're screwed."

Did you file a notice of lost mail with the post office? How many days has it been since this was shipped? I assume you shipped it Parcel Post. That can be real slow. If you shipped it by media mail it could be even slower, and may actually be being returned if it's something not legal to ship that way.
I filed the notice of lost mail today. I've never had anything lost in the mail, and I've been selling things online a long time, so it didn't occur to me that I really needed DC in this instance. I won't make that mistake again, of course.

I shipped it just about one month ago.
 

JustAPal00

Senior Member
I filed the notice of lost mail today. I've never had anything lost in the mail, and I've been selling things online a long time, so it didn't occur to me that I really needed DC in this instance. I won't make that mistake again, of course.

I shipped it just about one month ago.
Where did you ship it to? I sent a pair of shoes from PA to Hawaii and it took just over a month parcel post. Things do get lost in the mail, it happens all the time.
 

suburbanspork

Junior Member
DC won't do anything other than give you a warm fuzzy. Insure it or be prepared to eat the loss.
[edited because I didn't read properly]

You're saying that even if I had proof that I sent it, he'd be able to successfully sue me? Can you tell me specifically the basis in law for this claim?

Thanks.
 
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JustAPal00

Senior Member
DC is kind of loose, all the postal worker does is say they delivered it. They could have delivered it to the wrong address. Signature confirmation is the best. With that you can prove who received it!
 

FlyingRon

Senior Member
[edited because I didn't read properly]

You're saying that even if I had proof that I sent it, he'd be able to successfully sue me? Can you tell me specifically the basis in law for this claim?

Thanks.
Proof you sent it means nothing.
If it gets lost in the mail, he'd still win.
You've got to get it to some reasonable possession by him (delivery to his mailbox, etc...).
 

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