<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by stampcollector:
I own a samll business (I sell electronics) on the internet. I had a costumer call and order something COD. I send all orders UPS so the UPS delievery person picks up the money (cash, money order or band check). This person gave the UPS person a Bank Check. When I went to cash it in, the Bank stated it was conterfeit. I called UPS (after calling the person who placed the order, the phone is disconnected)but they state they are not liable so I have to eat the cost. I called the local police and they turned it over to the Detective Department (Chicago IL.) This has been 3 months and I have not heard from the Detective officer (I called several times, they don't return my call). Is there anything I can do about this. Is UPS not responsible at all since they picked up the check? The order was for almost $5000.<HR></BLOCKQUOTE>
My response:
The United Parcel Service is not responsible for your losses because: 1) They are not a "holder in due course" and, 2) They are merely YOUR agent, and you are the principle. Their job was to do for you that, theoretically, you could have done for yourself - - that is, deliver the goods and be handed a check; which is exactly what they did for you. It is not their responsibility to determine whether or not a check is good which, as a delivery service is beyond their scope. UPS also offers insurance for C.O.D. transactions which, apparently, you did not avail yourself of. Collect on Delivery sales are becoming more and more scarce, and this is exactly one of the many reasons why. Obviously then, your only recourse at this time is to wait for any results of the Detectives; but don't hold your breath.
IAAL
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