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Leblais

Junior Member
What is the name of your state
CT

Ok I sold an item on ebay and sent it to him a little late. He said he never got it. I have no proof, either way. This was almost a year ago.

He emailed and called me and I blocked him cause there was nothing to talk about. He tried to go through paypal and ebay but he waited to long so they didnt do anything.

He called in a creditor or collection agency, who then contacted me. I didnt respond.

I finnally wrote him back and asked for proof of debt. The agency completely disregarded my letter and sent one back saying im not the first scammer on ebay, and sent no proof of debt.

Next letter came in saying I have 6 days to pay an almost doubled amount than the original claim, or they are going to send it to their attourney to sue me, at which time I will have to pay all lawyer fees and interest etc.

I have 4 days left, no proof of delivery and I dont know what to do... Can he win? If so do I have to pay HIS lawyer fees too? And interest??

Any help will be BIG HELP FOR ME!!!

Thanx
Tony

SHort as I can make it sorry
 


janedoe23

Member
Oh yes I remember you. You were the one who sold something and expected the guy to wait until you decided to ship and then when he started to complain you ignored him by blocking his emails and not taking his calls. :rolleyes: PAY UP!!
 

JETX

Senior Member
Leblais said:
Can he win?
Of course he could win. Whoever presents the best case wins.

If so do I have to pay HIS lawyer fees too?
If he wins, you could get hit with is attorney fees.

And interest??
If he wins, the judgment will include post-judgment interest, and could also include pre-judgment interest.

Any help will be BIG HELP FOR ME!!!
What kind of help do you expect?? Pay the money or ship the product.
 

Leblais

Junior Member
hmmm.... You guys are a big help!
I DID SHIP THE ITEM SO THERE IS NOTHING ELSE TO SHIP HIM...

Ill keep this lesson in mind the next time I recieve something via usps!!!

thanx for all your help...
 

pojo2

Senior Member
Then PROVE you shipped the item! You can't therefore PAY!

Oh and before proving your ignorance "remembering this the next time" mmost shippers are smart enough to have proof they shipped an item out!
 

Leblais

Junior Member
pojo2 said:
Then PROVE you shipped the item! You can't therefore PAY!

Oh and before proving your ignorance "remembering this the next time" mmost shippers are smart enough to have proof they shipped an item out!

Hey smart ass

IT WAS A YEAR AGO!!!
 

kevinfor

Junior Member
hey Tony
I'll try to be fair & give an Honest answer to the question :rolleyes:

if someone pays for something, and the item never arrives.. the seller has to PROVE the item was actually shipped.. (for example "proof of mailing" from the post office.) your not responsible if the item is "lost in the mail" or damaged etc. if the person didn't buy insurance.. if you charged the person for insurance but never paid the post office for insuring the package.. that's another story.

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. although why the heck would the person wait over 45days before filing with paypal or ebay (I do this on day 30 if the item has not arrived.. I can always cancel the case if it arrives)

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.. " that is why I suggest "delivery confirmation (it's under $1 for items over $300 do signature confirmation about $2) when you send anything out. that way you have proof of delivery.. if it's past the 45days and paypal /ebay says "too late have a nice day" I suggest buyer pay stuff through paypal using a credit card.. so they can do a chargeback if paypal doesn't reply.


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

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


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" it's probably enough for you boss to ask question or since most jobs are "at will" employment... If you were my employee I'd be demanding some darn clear answers from you or you'd be fired on the spot

if you can't prove you actually shipped the item.. REFUND HIS $$$
do you really want to lose your job over a $100 ebay deal? yes He can sue you.. he can make your life.. very unpleasent.. he can file a police report against you.. maybe even have them show up at your front door one night.. he might or might now win an actual case.. but even if you only make $10hr in your job.. 10hrs you'll recover it. vs spending months dealing with this issue.

kevin
 

JETX

Senior Member
And now to CORRECT some of the errors in this post:

kevinfor said:
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!! :eek:

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.
 

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