And now to CORRECT some of the errors in this post:
if someone pays for something, and the item never arrives.. the seller has to PROVE the item was actually shipped.
Though correct in THEORY..... it obviously isn't that simple.
In a case as described, it is simply a pissing match between the buyer and the seller. Seller claims it shipped, buyer claims never received. It simply stands at that..... until either party decides to sue the other. In that case, then the seller would only have to CONVINCE (not PROVE) the court that it is more likely that the item shipped. This can be done several ways... obviously the easiest is to simply provide documentary proof that it was done.
if you cannot prove you shipped the item.. then the person can contact the U.S. Postal Inspector's office to report mail fraud etc.
That is only true if the US Postal Service was involved in the transaction. If shipped via UPS, FedEX, etc., it would not apply. Also, the US Postal Inspector normally does NOT investigate individual claims like this. They will only get really active if there are SEVERAL claims against the individual. And yes, I speak from experience having brought two ebay-ers to the Postal Inspector's (one is still in the federal prison, due out in two months).
However, using Paypal your under thier legal agreement, which states "it does not matter if you shipped the item or not.. you must provide Proof of delivery.. "
Again, not really true. That 'proof of delivery' only applies to their INSURANCE ('Seller Protection') coverage of a loss claim.
the "Collection agency" is beyond me.. under the fair credit reporting act.. when you send a written request (do it in writing) to explain what debt they feel you own... and a copy of the credit or loan agreement you signed (which they won't have) to prove the debt.. and they don't reply.. it's a scare tactic.. in fact.. send them a certified letter.. not only asking for proof of the debt.. but also to stop the "harrasment" and constant phone calls at home or work.. or your going to report them
The FCRA (Fair Credit Reporting Act) has nothing to do with a transaction like this. From your inclusion of 'collection agency' in the discussion, I assume you really meant the FDCPA (Fair Debt Collection Practices Act). They are NOT the same.
Also, the FDCPA doesn't have anything to do with a "copy of the credit or loan agreement", so your post is really confusing on this part. The Act you refer to doesn't apply, and the process you refer to doesn't either..... so I really can't figure out what the hell you were trying to say here!!
let's say the buyer.. lives in CA.. and your in CT.. Just for the heck of it.. he decides to sue you & files in a small claims or district court.. you get papers asking you to fly to California to appear.. you say screw that.. you don't appear and you get a default judgement against you. My understanding it's not worth the paper it's written on. as he needs to file in your own home state. he could then get a court to approve his judgement and then turn that over to a collection agency.. or garnish of wages
WOW!! That whole paragraph is so full of crap, I don't know where to start!!
First, if you are sued out of state, you should IMMEDIATELY file a motion to dismiss due to lack of jurisdiction. Do NOT allow a default to be obtained. If a default judgment is rendered against you.... the judgment creditor can domesticate that out-of-state judgment into your state (pretty easy, I do them all the time) and then pursue you in YOUR home state. A very few states (NY comes to mind) do not accept default judgments for domestication, but they do allow presentation of the out-of-state judgment as evidence in a NEW case filed there.
worse case senario he hires a private detective.. to find you.. one day you go into work.. and your boss asks you to come to his office.. you go in and see a police officer. You boss mentions he wants to speak with you.. you ask about what.. he says the officer says he's not allowed to say.. something about an investigation involving financial inpropriatity or embessilment of funds.. and would like to ask you some questions.. (not saying your a suspect.. but being vague enough to imply to your boss your somehow involved.... of course the officer is "off duty... been hired by the buyer"
Though the 'scenario' (correct spelling) you give is possible, it is VERY unlikely for several reasons.... the first being a PI is not required. The ability to locate deadbeat judgment debtors is fairly easy... if you know how to do it. Second, I can't imagine any situation that would warrant an off-duty officer 'whoring' out his badge that way (sounds more like a tv plot than real life).
Other than those glaring errors... and a few spelling errors.... I agree with the writer. Why play games?? Refund the money and learn from your mistake. Get PROOF of shipping next time.