500.00 ebay item not sent

[budvol]

What is the name of your state? SC

I won an auction on Ebay sent 500.00 money order... seller says his brother mailed it and just sent it reg mail. What are my chances of winning in a Tennessee court he says he is not responable for items lost in mail.

And that I will lose because its only my word against his and the court wont hold him responable for the USPS losing something.

Can I win?

 

[janedoe23]

I think he has the burden to prove that he actually shipped it. Anyone can say that they shipped an item but it got lost.

 

[dallas702]

If he shipped it, he will have a receipt or record of it being accepted by USPS. If he cannot provide that he is a liar. If he didn't insure the item you'll have to fight it out over whose choice that was. If it was something he could have stuck in an envelope and put into a mailbox for shipment...and you didn't agree on insurance or guarantees of receipt or tracking....you could be screwed. Was he ignorant and negligent? Probably. But, you still have to convince a judge that his foolishness was any worse than yours for not making him get documentation and insurance.

You might be able to stop payment of the m.o. if he hasn't cashed it.

 

[janedoe23]

This reminds me of a purchase I just made thru EBay. I bought my daughter a outfit and after 1 month it never arrived. I contacted the seller being nice and asked where it was? Her response was I mailed it awhile ago it must be lost in the mail. Hmmmmmmmm let's see I paid her $2.25 for a brand new outfit that was at my local Kohls for $43.00. I responded back and told her I know what is going on and if I don't recieve my item in the next week I will be persuing further. Well what do you know I got my package and it was postmarked the day I told her I wanted my item. That transaction was paid with a money order. So basically what I am telling you to do is rough his feathers a bit. Send him a certified letter letting him know your serious.

 

[dallas702]

I think you mean the "wrath" of God. He never used the raft again after Noah beached it.

 

[panzertanker]

Any real Lawyers here? or any Lawyer with balls or a ball one ball will do??

Sure, there are lawyers here...
But I know that they usually only respond to people with functioning brain cells, hence the reason no one has responded to you....