Legal Question in Banking Law in New York
I sold my personal handbag to a client on internet she agreed to wire the money, and after i received the money it's about 7000 i send the bag but bag was lost by usps now the client is tracing money back she opened a case in her bank to take money back from my account and my bank froze my account. and it's over a week i need to use bank account i can't what i can do at this point?
1 Answer from Attorneys
Generally speaking,
The sale of the handbag may fall under UCC article 2 where the risk of loss shifted to the buyer as soon as the seller delivered the goods to the shipper (also known as F.O.B.). However, to determine if UCC article 2 is applicable in your case the transaction would need to be reviewed including any invoices, agreements and/or emails that you have had with the buyer.
In the interim you should request a trace from the USPS as well as contact your business insurance provider to see whether you are covered for business loss. You should also consider retaining an attorney who would review whether the transaction is a UCC 2 transaction and demand from the bank to unfreeze the account in its entirety or at least just set aside the $7k.
Please contact me off line for help in this matter.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
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