Police Called About An Item Someone Bought On Ebay

What is the name of your state? IL

Hi, I need some advice from a lawyer who knows IL law. I sold an item to a woman off ebay to save on fees. Anyway, she sent me a money order for 350.00 for a coat. I sent it off to her around 3 weeks ago. She says she never got it. So after 2 weeks of emails and calls and her being really mean, she called her local police department. She lives 5 cities over from me. We are in the same state. Anyway, the police officer who took her report called my sister's cell phone today, dont know how he got it, and told her he was looking for me and told her what was going on. He said that this woman didnt receive the coat and to tell me that I had to bring the money down to the station to pay her back or he was going to come here and arrest me for felony theft. She called me and told me this and I called the number he left with her. He was very nice then to ME and didnt make threats or whatnot like he was doing to my sister. Seems weird. Anyway, he was really nice and said that he wanted to know what happend cause there are always 3 sides to a story and blah blah. I told him I shipped it out around the 22nd of February to her and that she has been trying to bully me into paying her back now. I guess I am dumb for not getting some sort of confirmation or keeping the receipt, but Ive never had an issue on ebay before with someone not getting something. So i have no proof. Yet i have no proof she didnt get it either. She could be just saying she didnt to get money back. I dont know what to think. I just know that I shipped it. And even if I wanted to, there is no way I could pay her back as I have no money to pay her back. I just have social security, and that pays my rent and whatnot. The police officer said he would wait 2 weeks more to see if it shows up then call me back. So I want to know this. Can he come here from 5 towns over and arrest me cause she says she didnt get the coat? Or can they get a warrant or something? I just cant believe this.

Its your responsibility as the seller to ensure, and insure, that your buyer gets their item. Yes, he can come 5 towns over to arrest you.

How did you ship this coat? If it was sent UPS, they will have records of the date you shipped a package, as well as the date it was delivered and who signed for the package at the receiving end. If UPS can not find the delivery information, as in they lost the package, they will pay claims up to a specific amount, which was at one time $500.00. In order to collect more than this amount you would have to pay an additional fee to insure the package.

I'm sure that the $350.00 is covered if they did in fact lose the package.

However, it is your responsibility to keep records of these sales, including proof of delivery for anything you are shipping, especially if you've received the funds in advance.
You could have shipped the item COD, "cash only" and UPS would collect the funds and send them to you. Then the buyer wouldn't be paying any money until they actually received the item and you would be assured of being paid for the item, without the worry of NSF checks or stop payments etc.

It appears this person has proof of her making payment to you, so it is your responsibility to prove there was a delivery of the merchandise for which you have received the funds. To say you don't have any proof she didn't get it won't fly. It will be assumed she didn't receive the item unless you can prove otherwise.

No, it was shipped regular mail through the post office. I have never had an issue with people not getting their packages on ebay. And any seller on ebay will tell you it is the buyers responsibility to pay for the extra services. Which she didnt. Tracking and such. And I found out from the officers supervisor that he can not come out of his jurisdition w/out a warrant to arrest me. And to get a warrant he has to have probable cause and submit that to the state's attorney. So im not gonna sweat this. I know I sent her the package. I havent done anything wrong. I have impecable rep on ebay and they will see this. Im starting to wonder also if the woman has received it and is just trying to get refunded for the item and keep it. I dont know what to think. At this point Im just frusterated that its her word against mine. I have no proof that she didnt get it, and she has no proof that I sent it.

And I forgot to add, this is how ebay is done, you get paid in advance always for the item then send it out. We dont do COD. Once the item has left my hands it is not my responsibility.

You've definately learned in the future have proof of delivery. Delivery Confirmation via the USPS is cheap. It used to be 50 cents but I believe it's higher now. They put a tracking label on the package and give you a receipt with the tracking number.

Also..this is the EXACT reason why Ebay tells you NOT to sell off site. Scam artists prey on people who do.

That said, I disagree with Moburkes. This is a civil matter and I don't believe the police would show up and arrest you. BUT....I also don't believe this was really a police officer. Did you ask for his precinct, name, and bagde number and call and verify this?

1. You stated in your first post that you didn't sell it on ebay.
2. Regardless of the disclaimer on any auction/BIN purchase, the seller is responsible for delivery even if the customer doesn't purchase insurance, which is why I never purchase insurance. I don't need it. 'Cause, if I don't get the package, the burden is on the seller, not me.
3. Delivery confirmation is FREE if you purchase postage through paypal.

Yes I called him back at the police department, he is a cop. Just a regular beat cop though, he has no rank. Which surprised me cause the way he talked to me. I told him what day I sent it and what kind of packaging I used. He said to wait another week or two to see if it shows up. I hope it does. Cause if he wants to make trouble for me, he could try to get the state's attorney to sign a warrant. Do you think the state would agree to that over a lost package? I feel sick.

thingstobuy26 said:

Yes I called him back at the police department, he is a cop. Just a regular beat cop though, he has no rank. Which surprised me cause the way he talked to me. I told him what day I sent it and what kind of packaging I used. He said to wait another week or two to see if it shows up. I hope it does. Cause if he wants to make trouble for me, he could try to get the state's attorney to sign a warrant. Do you think the state would agree to that over a lost package? I feel sick.

Click to expand...

You initially said you called him back at the number HE gave you. I can give you a number, say it's the police dept. and have a friend answer the phone saying, "XXX police dept, 5th precinct, how can I help you?" I can also have that same friend "verify" I'm really a police officer. Did you look up the actual dept. number and call that and ask?

First of all, it is against ebay's rules to make a deal outside of ebay if you met your buyer through ebay.

Also, if you sell on ebay, you can require that the buyer pay for insurance. You set the terms.

It is entirely possible that the buyer did get the coat and is lying.

Have you or the buyer contacted the post office to report the lost package?

I sold an item to a woman off ebay to save on fees.

Click to expand...

So much for the moral high ground.

...the police officer...said that this woman didnt receive the coat and to tell me...he was going to come here and arrest me for felony theft...I called the number he left with her.

Click to expand...

What Irish Nodak said.

I guess I am dumb for not getting some sort of confirmation or keeping the receipt

Click to expand...

Honestly? Yes.

but Ive never had an issue on ebay before with someone not getting something.

Click to expand...

What?? Yes you have. Your eBay feedback includes at least four buyers complaining they didn't get the item, or hadn't gotten it by the time they left the feedback. Some or all may have eventually been received, but when you have four shipments come into question in the course of one year, take it as a hint that these things happen and it might be a good idea to protect yourself against scams by requiring shipment or delivery confirmation. Which you didn't do, because you didn't care, because you thought it wasn't your problem anyway.

any seller on ebay will tell you it is the buyers responsibility to pay for the extra services

Click to expand...

But your problem is that if this woman sues you, you're not going to be standing in front of "any seller on eBay" you're going to be standing in front of a judge. He's not going to give a tiddly damn what all the sellers on eBay think. By the way, since you disregarded eBay's TOS, you should try to avoid mentioning eBay at all. Not that I think it would be a legal issue in your SCC defense (or it could, for all I know) but in any case it doesn't shine a very flattering light on your character.

You and she exchanged her money for your coat. She can prove you got her money. You can't prove she got your coat. It is usually the buyer's responsibility to pay for insurance or whatever extra costs are associated with shipping but you are responsible for protecting yourself, and if that means requiring insurance or paying extra for a confirmed delivery, so be it. Especially since it won't cost you anything.