Boots Shipped to Incorrect Address

embiggenator · Dec 22, 2009

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

First of all I apologize if this is posted in the wrong section.

I recently Purchased a pair of boots for around $200. Unfortunately PayPal auto completed the address form and since the address used was an older one but still similar to the one I currently live at (same name length, city, zip etc.) I didn't notice that it had used the old address. The boots were shipped to that address and once I realized this they had already been delivered.

I ended up visiting that address the next day to see if they had received them but the woman who answered the door claimed she hadn't. I went to UPS (the shipping company) to clarify they had been delivered to the address and the driver verified she had. I went back to the house and informed the husband of the woman who had received the package (according to the UPS driver) that I would be filing a police report claiming they were missing. Today I spoke with the officer and he told me that the woman had verified that she received the package with him (now changing her story) and expecting me to return left them outside where they were taken. The officer told me that he searched the house and did not find them so there was nothing more he could do.

What is the best course of action for me to take at this point? It just seems like there is clearly enough evidence against them for me to at least get the money paid to me for the boots if not the boots themselves.

I would appreciate any advice.

Thank you

Antigone* · Dec 22, 2009

embiggenator said:
What is the name of your state (only U.S. law)? New Mexico

First of all I apologize if this is posted in the wrong section.

I recently Purchased a pair of boots for around $200. Unfortunately PayPal auto completed the address form and since the address used was an older one but still similar to the one I currently live at (same name length, city, zip etc.) I didn't notice that it had used the old address. The boots were shipped to that address and once I realized this they had already been delivered.

I ended up visiting that address the next day to see if they had received them but the woman who answered the door claimed she hadn't. I went to UPS (the shipping company) to clarify they had been delivered to the address and the driver verified she had. I went back to the house and informed the husband of the woman who had received the package (according to the UPS driver) that I would be filing a police report claiming they were missing. Today I spoke with the officer and he told me that the woman had verified that she received the package with him (now changing her story) and expecting me to return left them outside where they were taken. The officer told me that he searched the house and did not find them so there was nothing more he could do.

What is the best course of action for me to take at this point? It just seems like there is clearly enough evidence against them for me to at least get the money paid to me for the boots if not the boots themselves.

I would appreciate any advice.

Thank you

Be more careful next time when placing an order.

embiggenator · Dec 22, 2009

Antigone*of*Greece said:
Be more careful next time when placing an order.

Haha, yeah...I've learned that lesson.

BL · Dec 22, 2009

Sue the bad people .

They acknowledged the shipment ,and changed their story .

They should have reasonably kept them safely instead of putting the package outside .

Also,they knew the items were not ordered by them and must have had a return address,and shippers info.

swalsh411 · Dec 22, 2009

BL said:
Sue the bad people .

They acknowledged the shipment ,and changed their story .

They should have reasonably kept them safely instead of putting the package outside .

Also,they knew the items were not ordered by them and must have had a return address,and shippers info.

Sue them for what exactly? According to what they told the police they received something they didn't order and left it outside and it was stolen.

One is not under any obligation under the law to safeguard items randomly delivered to one's home. If the Hope Diamond was delivered to house right now I could throw it off a bridge and wouldn't be responsible for squat.

Now they MAY (and probably are) lying but how do you prove that?

BL · Dec 22, 2009

swalsh411 said:
Sue them for what exactly? According to what they told the police they received something they didn't order and left it outside and it was stolen.

One is not under any obligation under the law to safeguard items randomly delivered to one's home. If the Hope Diamond was delivered to house right now I could throw it off a bridge and wouldn't be responsible for squat.

Now they MAY (and probably are) lying but how do you prove that?

Today I spoke with the officer and he told me that the woman had verified that she received the package with him (now changing her story) and expecting me to return left them outside where they were taken.

The women knew this was someones package and the person was there the day before .

It was in the women's possession .

If someone signs for a package not belonging to them , they have to make sure the rightful owner gets it .

The police aren't going to get involved,it's a civil matter.

HighwayMan · Dec 23, 2009

In NY (and some other states) larceny includes keeping property from its rightful owner, even if it wasn't actually stolen.

I browsed through the New Mexico Criminal Code and the definition of larceny is different and doesn't really apply in this situation unfortunately.

If you could get a free consultation with an attorney it might be worth exploring, but I'm not sure most attorneys would want to deal with this.

You could try filing an action in small claims court - usually it's fairly simple and something that doesn't require an attorney.

swalsh411 · Dec 23, 2009

BL said:
If someone signs for a package not belonging to them , they have to make sure the rightful owner gets it

You're assuming she signed for it. UPS will leave boxes on your doorstep w/o signature; they do it to me all the time. If UPS delivered a box to my front door and it wasn't mine I could just leave it there forever. Now I wouldn't because I'm a decent person but that's not the same time as being obligated to act.

mlane58 · Dec 23, 2009

swalsh411 said:
You're assuming she signed for it. UPS will leave boxes on your doorstep w/o signature; they do it to me all the time. If UPS delivered a box to my front door and it wasn't mine I could just leave it there forever. Now I wouldn't because I'm a decent person but that's not the same time as being obligated to act.

Not very good at reading are you?

Today I spoke with the officer and he told me that the woman had verified that she received the package with him

swalsh411 · Dec 23, 2009

mlane58 said:
Not very good at reading are you?

I'm an excellent reader. I'm also very good at not assuming things.

"Receiving" a package (which could mean you saw that it was left outside by your door) and "signing" for a package is not the same thing. I was responding specifically to the point that one does have some responsibility for something once they sign for it vs. a box just being left at their door.

And why would a person have any duty to care for a box that was left by mistake at their door? Should she have been expected to take an unknown package into her house? And even if she knew about the box and left it outside anyway I don't see how she could be liable.

Paypal always shows you the shipping address before you confirm payment. If the OP wasn't paying attention I don't see how that's the sellers fault.

Mass_Shyster · Dec 23, 2009

swalsh411 said:
And why would a person have any duty to care for a box that was left by mistake at their door? Should she have been expected to take an unknown package into her house? And even if she knew about the box and left it outside anyway I don't see how she could be liable.

Although I loathe references to Wikipedia, in this case, the explanation of the standard of care in an involuntary bailment seems reasonably accurate.

Bailment - Wikipedia, the free encyclopedia

Zigner · Dec 23, 2009

swalsh411 said:
I'm an excellent reader. I'm also very good at not assuming things.

"Receiving" a package (which could mean you saw that it was left outside by your door) and "signing" for a package is not the same thing. I was responding specifically to the point that one does have some responsibility for something once they sign for it vs. a box just being left at their door.

Please don't litter this thread with irrelevant ideas. In THIS thread, the recipient of the package ACKNOWLEDGED taking possession of it.

embiggenator · Dec 23, 2009

First of all, thanks to everyone for taking the time to discuss this.

Let me clarify a few things real quick. First of all she did not sign for the package, this was one of those cases where UPS would have just left it there had she not answered. What I have is confirmation on the delivery slip that it was given to a woman at that address, and verification from the driver that the woman I spoke to and the officer spoke to was the one that received it. Also, I have the initial statement from the woman that she did not receive a package, then the statement she gave to the officer that she did receive the package and after I came the first time she left it outside for me expecting me to return (I also gave her my phone number the first time, though she never called).

I would like to take this to small claims court, I just want to be sure I have a case and am not wasting my time.

Thanks again

BL · Dec 23, 2009

embiggenator said:
First of all, thanks to everyone for taking the time to discuss this.

Let me clarify a few things real quick. First of all she did not sign for the package, this was one of those cases where UPS would have just left it there had she not answered. What I have is confirmation on the delivery slip that it was given to a woman at that address, and verification from the driver that the woman I spoke to and the officer spoke to was the one that received it. Also, I have the initial statement from the woman that she did not receive a package, then the statement she gave to the officer that she did receive the package and after I came the first time she left it outside for me expecting me to return (I also gave her my phone number the first time, though she never called).

I would like to take this to small claims court, I just want to be sure I have a case and am not wasting my time.

Thanks again

There is no guarantee in small claims court .

It's informal and the people's court .

Make sure you have your evidences .

If you have a little money for filing fee and a little time ,go for it .

If you believe you will lose more income by losing time ,then weigh your options .

swalsh411 · Dec 23, 2009

Zigner said:
Please don't litter this thread with irrelevant ideas. In THIS thread, the recipient of the package ACKNOWLEDGED taking possession of it.

It's irrelevant that the OP cannot prove that the woman signed for the package? Or do you think the officer that took her statement would be willing to testify in civil court when the OP sues her?

Boots Shipped to Incorrect Address

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embiggenator

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Antigone*

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BL

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BL

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HighwayMan

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swalsh411

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