• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Stolen property or not on auction?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

draco

Junior Member
What is the name of your state (only U.S. law)? Minnesota

I bought an item on a large online auction site. It arrived damaged and I complained to the seller. He said to return it, and he'd give me a refund. He issued a call tag and UPS picked up the package. He filed a claim with UPS for the damage and asked me to wait. Stupidly (I'll admit it), I agreed. UPS denied the claim and he refused to pay me back. He then relisted the damaged item, saying he was going to keep the money. By this time, it was too late for me to file a claim with the auction site and payment service.

This entire discussion was through the auction's messaging system, so it is stored on their servers for them to read. I reported the seller for selling stolen merchandise and told them to review the messages between us. They refused to do anything about it. Does this fall under the definition of stolen property? Shouldn't they have done something?
 


JETX

Senior Member
Does this fall under the definition of stolen property?
No. You shipped the item to him... it was not stolen.

shouldn't they have done something?
Shouldn't they?? Yes.
Are they required to by law?? No.

Couple of questions:
1) Did you pay with PayPal or some other credit card system?? If so, dispute the charge with your card issuer.
2) If the amount is large enough, you can pursue a judgment against the seller. Go ahead and file in your home state... and serve him at his home. He could file a motion to dismiss... and you could then argue for local venue.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top