Passing of a bad check

FL. I sold an item via craigslist to a gentleman in North Carolina. The shipment was to be a COD to the business of the guy. His business didn't exist but at the shopping plaza was a UPS store. Even though I put his the name of the business and suite number on the package they sent it to the local UPS store and UPS themself arent responsible for misdelivery. However the gentleman I was dealing with didnt sign for nor pass over the check to the delivery driver but a worker at the store. I contacted her and she said "Yea some guy came in and told me that he was getting a package delivered here. He wanted me to give the driver the check and sign for the package myself and just call him when it gets delivered. He came in a couple times before asking me to do this I always thought it was weird because it had a different name on it". Anyways because she was the one who accepted the package and handed off the bad check can I hold her responsible for paying me back even though she didn't write or or sign off on the check?

Your issue is with the guy who passed the bad check.

At best you might sue UPS on a negligence theory, but they didn't pass the check and you didn't pay them to investigate the buyer or his check.

Good luck.

So even though the lady was in possession of the check and acted on his behalf to accept his package and sign for it, isnt she responsible for the authenticity of it? by signing for the package she therefore completed the transaction because of it being a COD. this wont hold grounds in a civil matter? Im not sure if the saying possesion is 9/10ths of the law or negligence is no excuse for the law works in this situation however im just seeing what my options are.

mvm062 said:

So even though the lady was in possession of the check and acted on his behalf to accept his package and sign for it, isnt she responsible for the authenticity of it? by signing for the package she therefore completed the transaction because of it being a COD. this wont hold grounds in a civil matter? Im not sure if the saying possesion is 9/10ths of the law or negligence is no excuse for the law works in this situation however im just seeing what my options are.

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The lady at the UPS store has no obligation to you. Your beef is with the guy who scammed you, even if, end of story. THE END.

What consitutes an obligation? By signing for it and paying for it is she not agreeing to the terms of the COD? Whos to say she isnt in on it as shes done this before with the same guy. She handed off a counterfeit check and she isnt responsible? I do apologize however im not trying to argue it just doesnt quite make much sense.

mvm062 said:

What consitutes an obligation? By signing for it and paying for it is she not agreeing to the terms of the COD? Whos to say she isnt in on it as shes done this before with the same guy. She handed off a counterfeit check and she isnt responsible? I do apologize however im not trying to argue it just doesnt quite make much sense.

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The UPS Store is merely an agent. Your beef is with the person who wrote the bad check.

(Can you see the common theme here?)

Zigner said:

The UPS Store is merely an agent. Your beef is with the person who wrote the bad check.

(Can you see the common theme here?)

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It appears to me that they've got a bad case of the blinders.

The UPS driver is the agent and the deal was to be with me and the gentleman. The delivery was never meant to be shipped to that store. The lady is a third party and she and the gentleman had their own agreement to have her accept his package and she gave the check to the delivery driver whom then sent it back to me. If i had sent it to the store initially for him to sign for it and pick it up then UPS would be an agent. She paid for his package held on to it called him to come back and then gave him his package. Still no difference?

mvm062 said:

The UPS driver is the agent and the deal was to be with me and the gentleman. The delivery was never meant to be shipped to that store. The lady is a third party and she and the gentleman had their own agreement to have her accept his package and she gave the check to the delivery driver whom then sent it back to me. If i had sent it to the store initially for him to sign for it and pick it up then UPS would be an agent. She paid for his package held on to it called him to come back and then gave him his package. Still no difference?

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Did we stutter

absodanglutely not.

His business didn't exist but at the shopping plaza was a UPS store. Even though I put his the name of the business and suite number on the package they sent it to the local UPS store

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I would bet big money his "business address" was the UPS store. Anybody can open a post office style box for the receipt of mail and packages at any UPS store. I had a small mail order business and used a UPS mail box as my "business address" to keep any potential wierdos from finding out where I actually lived. It's also a handy way to rip off folks that do not follow the advice on Craigslist and to sell stuff locally only.

The UPS store was located in a shopping plaza where his business was to be. The suite number he gave was not the UPS store but they delivered it there anyways because thats what they do at UPS. He did not have a box there nor did he sign for the package

mvm062 said:

The UPS store was located in a shopping plaza where his business was to be. The suite number he gave was not the UPS store but they delivered it there anyways because thats what they do at UPS. He did not have a box there nor did he sign for the package

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Fine... you know what?

You are just going to keep posting until someone tells you that you are right.

Fine.

You are right. You can sue UPS. Go do it tomorrow. Make sure you have everything you need. Like the reason you aren't going after they guy that passed you the bad check.

Like a very expensive attorney that can beat the UPS TEAM of attorneys that fight cases like this every day.

Good luck.

Bye now.