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Seller shipped item, Buyer stop payment on check

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beautysupply

Junior Member
What is the name of your state? NY
I am an Ebay seller, I have sold an item and the customer send me a check.

I never had problem with checks and I usually ship before I deposit the checks, witch I do once a week.

This specific customer's check was for approx $70.
I received the check and shipped the item a few days later. I have a tracking saying that customer has received his package.

Customer state is NJ. His check came back uncleared.

Before I realized that it was actually a stop payment. I contacted the buyer and told him that his check bounced, He told me he completely forgot about the item since he haven't heard from me and he never received anything from me. He did not mention anything about he putting the stop payment on it.

That same evening I contacted him again asking him why did he stop payment, he said that he though that maybe the check got lost in the mail since he didn't receive the package.

I do have a proof of shipping...What can I do?
Do I file a police report for fraud? If so how? I am in NY he is in NJ.
Any other suggestions?
 
Last edited:


TheGeekess

Keeper of the Kraken
I've been told by my bank that a stop payment was only good for 6 months. You could call his bank and see how long it is, and resubmit it at the end of the time period. :p
 

BoredAtty

Member
What is the name of your state? NY
I am an Ebay seller, I have sold an item and the customer send me a check.

I never had problem with checks and I usually ship before I deposit the checks, witch I do once a week.

This specific customer's check was for approx $70.
I received the check and shipped the item a few days later. I have a tracking saying that customer has received his package.

Customer state is NJ. His check came back uncleared.

Before I realized that it was actually a stop payment. I contacted the buyer and told him that his check bounced, He told me he completely forgot about the item since he haven't heard from me and he never received anything from me. He did not mention anything about he putting the stop payment on it.

That same evening I contacted him again asking him why did he stop payment, he said that he though that maybe the check got lost in the mail since he didn't receive the package.

I do have a proof of shipping...What can I do?
Do I file a police report for fraud? If so how? I am in NY he is in NJ.
Any other suggestions?
Contact the police and file a report. You can also sue for civil damages.
 

Zigner

Senior Member, Non-Attorney
Why don't you send HIM the proof of delivery...then ask him to make good on the check.

Edit:
You DID require a signature on the delivery, right?
 

Zigner

Senior Member, Non-Attorney
Doesn't matter. By default, once the item is shipped it's the buyer's problem.
While your point is noted and likely correct, you can't say that with certainty without knowing the actual terms of the sale.
In ANY case, if our OP has the guy's signature, then it will likely be much easier to "convince" him to do the right thing.
 

BoredAtty

Member
While your point is noted and likely correct, you can't say that with certainty without knowing the actual terms of the sale.
In ANY case, if our OP has the guy's signature, then it will likely be much easier to "convince" him to do the right thing.
I'm not sure that a sale through eBay could allow for an alteration of the legal default since the seller would never know the buyer's address until after the creation of the sales contract.

In other words, how could delivery to a specific address be an explicit term of the contract if the address was not known until after the contract was already formed?
 

Zigner

Senior Member, Non-Attorney
Auction could say "I will deliver to you" or "I will have it delivered to you" or...etc
Bored - I'm really not trying to argue this point, because you are, most assuredly, correct about this particular transaction working as the "default"...
My point is more that, with a signature, this whole situation may not even have to end up in court...thus saving our OP time and aggravation.
 

BoredAtty

Member
Auction could say "I will deliver to you" or "I will have it delivered to you" or...etc
You may be right.

Bored - I'm really not trying to argue this point, because you are, most assuredly, correct about this particular transaction working as the "default"...
My point is more that, with a signature, this whole situation may not even have to end up in court...thus saving our OP time and aggravation.
No arguments here...I just find the topic interesting.
 

TheGeekess

Keeper of the Kraken
In the event that the buyer sends payment that is found to be fraudulent, contact law enforcement in your area and the area where the buyer resides. eBay will fully cooperate with all law enforcement inquiries. If payment is reversed, stopped, or cannot be received, you should also contact the payment issuer (credit card company, issuing bank, Pay Pal, etc.) to review the options available to you.
http://pages.ebay.com/help/tp/isgw-fraud-receiving-payments.html


Sellers can report an Unpaid Item up to 45 days after the transaction date (i.e. the date when the buyer commits to buying the item and the seller commits to selling it). Usually the seller must wait 7 days after a listing closes to file an Unpaid Item Dispute.
http://pages.ebay.com/help/tp/unpaid-item-process.html
 

beautysupply

Junior Member
Thank you all for answers

I didn't know anyone answered until I finally logged on here..

Thank you. No signature but delivery confirmation...Meaning a tracking # saying that item was delivered to that address... I won't waste my time with Ebay. All I can do is get my Final fee back...
I would like to file a fraud report to the police, I think it will show him that he could get in trouble and maybe make it right.
Now how do I do that? I am in NY , he is in NJ ..Could you explain to me in details how do I file such a report.. Phone # I need to call ect...

After all it is $70 and I won't go to court to NJ for this amount. It can cost me the whole day , maybe even two. Maybe it could be for principal but my time worth more. :)
 

OSTBE

Junior Member
Ebay!

eBay is an excellent resource, Give them bad feedback and continue with eBay. One bad experience shouldn’t stop you. When you sell something you should always wait for payment, and then ship the item. eBay is a site where you can profit, so there will always be "bad guys". But it is a good thing that there is trusting persons like you. State on your next sale "Item ships when payment has been received" if they don’t like the idea they wont bid and you wont lose any money.

Good Luck, and don’t give up.
 

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