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Theft

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stephan97

Junior Member
I sold a watch on Craigs list and I shipped it through UPS. When I shipped it I sent it COD. When I received the cashiers check and tried to cash it, it was a fake check. So UPS didnt live up to their word of getting me money. Are they responsible or is Craigslist> Or am I just screwed. I do have all the information about the where I sent it and the guy I sent it to, but it all seems to be fake address and name, but the guy had to receive it though. What do I do. Do i have a case in any way at all?
 


Antigone*

Senior Member
I sold a watch on Craigs list and I shipped it through UPS. When I shipped it I sent it COD. When I received the cashiers check and tried to cash it, it was a fake check. So UPS didnt live up to their word of getting me money. Are they responsible or is Craigslist> Or am I just screwed. I do have all the information about the where I sent it and the guy I sent it to, but it all seems to be fake address and name, but the guy had to receive it though. What do I do. Do i have a case in any way at all?
There are two people responsible for your predicament here. The thief and you. You can sue the thief.
 

stephan97

Junior Member
I cant contact him in anyway. All I can do is go to adress that it was delivered to I guess. He gave me fake name ,address, email and phone number.
 

Banned_Princess

Senior Member
I cant contact him in anyway. All I can do is go to adress that it was delivered to I guess. He gave me fake name and address and email and phone number.
Thats the end of that then.

Next time use pay pal, or something that verifies the funds before you part with your item.
 

stephan97

Junior Member
So no one is responsible??? UPS??? didnt collect money they collected a piece of paper. COD doesnt mean worthless piece of paper.
 

Antigone*

Senior Member
So no one is responsible??? UPS??? didnt collect money they collected a piece of paper. COD doesnt mean worthless piece of paper.
It is not UPS's job to verify that the check is not a forgery. YOU chose the method of payment, they collected what they believed to be an authentic financial instrument.

If you are going to be selling items via the internet, then I suggest you educate yourself. You are your own best protection, and obviously you did a poor job at that in this case.

So let me say it again: You have no case against UPS. You have a case against the thief.
 

Zigner

Senior Member, Non-Attorney
So no one is responsible??? UPS??? didnt collect money they collected a piece of paper. COD doesnt mean worthless piece of paper.
From the UPS Terms of Service:
Consignee’s Checks in Payment of C.O.D.s: Unless instructions to collect a
cashier’s check or money order only are shown on the C.O.D. tag (in
conformity with the instructions on the tag) or system- generated label, UPS
will accept a check or other negotiable instrument issued by or on behalf of the
consignee. When instructions to collect a cashier’s check or money order only
are clearly indicated on the C.O.D. tag or system- generated label, UPS reserves
the right to accept a cashier’s check, money order, official bank check or other
similar instrument issued by or on behalf of the consignee. All checks or other
negotiable instruments (including cashier’s checks, official bank checks,
money orders and other similar instruments) tendered in payment of C.O.D.s
will be accepted by UPS based solely upon the shipper assuming all risk
relating thereto including, but not limited to, risk of non-payment, insufficient
funds, and forgery, and UPS shall not be liable upon any such instrument.
All
checks or other negotiable instruments (including cashier’s checks, official
bank checks, money orders and other similar instruments) will be transmitted
to the shipper together with UPS’s own check if consignee check(s) collected
are for less than the C.O.D. amount. Remittances (checks, money orders, etc.)
received that are less than the C.O.D. dollar amount indicated by the shipper
will be reimbursed for the full amount unless the variance of the amount
remitted is less than $1.00.
And:

Currency in Payment of C.O.D.s: UPS will not accept currency in any amount
for payment of C.O.D. shipments.

As was mentioned previously, UPS did their job exactly as agreed.
 
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