California
I am an Ebay seller in Ca. who sold an item to a buyer in Florida. The buyer paid via Paypal. When I sent the item, I used delivery confirmation and not signature with the item being over the amt of $250. The buyer received the item, but a month after receiving it he filed an item not received claim on Paypal. I thought nothing of it at the time because I had the tracking number and confirmation from USPS that the item was in fact delivered. I submitted all of the tracking information to Paypal, but they told me that even though the buyer received the item, because the item sold was over $250.00, and I did not use signature confirmation, they have awarded the buyer his money back and he kept the item. About 2 months later after he received his money back, he decides to re-list and sell the item on Ebay. Luckily I kept detailed pictures of the serial numbers and other aspects of the item. I have also been in touch with the gentlemen he sold the item to, in order to compile even more evidence against him. I already have a pre-trial mediation with this character but my question is; can I sue for interest on the stolen item? It will have been 45 days from the time my case was filed, to the time of the pre-trial. Assuming the stolen item was valued for roughly 100.00 US, can I ask for a daily rate of 7% on that item? I know this is a common practice, but can it be applied to my case?
Thank YouWhat is the name of your state?
I am an Ebay seller in Ca. who sold an item to a buyer in Florida. The buyer paid via Paypal. When I sent the item, I used delivery confirmation and not signature with the item being over the amt of $250. The buyer received the item, but a month after receiving it he filed an item not received claim on Paypal. I thought nothing of it at the time because I had the tracking number and confirmation from USPS that the item was in fact delivered. I submitted all of the tracking information to Paypal, but they told me that even though the buyer received the item, because the item sold was over $250.00, and I did not use signature confirmation, they have awarded the buyer his money back and he kept the item. About 2 months later after he received his money back, he decides to re-list and sell the item on Ebay. Luckily I kept detailed pictures of the serial numbers and other aspects of the item. I have also been in touch with the gentlemen he sold the item to, in order to compile even more evidence against him. I already have a pre-trial mediation with this character but my question is; can I sue for interest on the stolen item? It will have been 45 days from the time my case was filed, to the time of the pre-trial. Assuming the stolen item was valued for roughly 100.00 US, can I ask for a daily rate of 7% on that item? I know this is a common practice, but can it be applied to my case?
Thank YouWhat is the name of your state?