Legal Question in Consumer Law in Florida

Non return of Goods Credited

Hello,

Thanks in advance for your help.

I sold goods on ebay to a buyer who paid through paypal. The buyer wanted to return the items and I asked for a restocking fee. The buyer did not return the goods but instead completed a credit card charge back. The charge back resulted as a negative amount on my paypal account. Paypal indicated that the buyer was awarded the charge back for $2586 and that I should work with the buyer to get the goods back. I have sent the buyer emails and a phone call to no avail. How can my paypal account be charged $2586 and the buyer NOT return the goods?

Please Help

--name removed---name removed--

904-288-6148

[email protected]


Asked on 6/29/05, 11:12 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Non return of Goods Credited

You need to read the terms and conditions of your paypal agreement. Maybe it says that if anyone disputes a bill then paypal in its sole discretion may chargeback the purchase to you. From here, if the buyer kept the goods and is refusing to pay, you may have a claim for breach of contract, goods sold, and unjust enrichment. The good thing is that you can simply file the lawsuit yourself in "small claims court" since the amount in controversy is less than $5,000.00. Best of luck.

Randall Gilbert

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Answered on 6/29/05, 2:59 pm


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