Legal Question in Consumer Law in Illinois

ebay item shiped , buyer threatens to sue me

I am located in Pa. I sold a recurve bow to a man claiming to be a lawyer located in Ill. . he paid via money order. in the auction insurance was offered and encouraged. enclosed with buyers money order was a copy of my auction with the cost of the bow , shiping, and insurance calculated by the buyer and he wrote 0.00 for insurance. bow was shipped regular mail. he claimes he did not receive it. claimes he can trace ''regular mail '' even though my post master tells me it is impossable to trace?has been calling me 3 times a week threatning to sue for the last 4 months . i know this bow shiped, what can i do and what can he do?


Asked on 3/29/04, 9:25 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: ebay item shiped , buyer threatens to sue me

Ever since people began doing business by mail, this has been a recurring dispute. The fact that the transaction was made over eBay doesn't change the general rules. UNLESS there's something in the eBay rules or any specific agreement between buyer and seller to the contrary. That could change everything. I don't know anything about eBay rules.

The general rules are that: delivery is complete upon mailing, and proof of mailing creates a presumption of receipt. (The Post Office is, in fact, at least 99.9% reliable, and any other presumption would make it impossible to do business, if every routine transaction and notice had to use certified mail).

So the question is, do you have proof of mailing? Your word is some proof. If the clerk at the post office remembers taking the parcel, that would be proof. But the best proof would be a receipt from the Post Office. And here's the lesson:

The Post Office has a form to provide proof of mailing, even for regular mail. It costs nothing, and if you had gotten one, you wouldn't have any problem.

As things stand, it's your word against his. He can sue you, probably not in Illinois, and the outcome would depend on whether or not the judge believes you.

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Answered on 3/30/04, 8:30 am


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