Legal Question in Business Law in New York
Buyer Won't Return Item
I recently sold an item on ebay and the buyer paid through Paypal. THe buyer stated that he never received the item, I have a delivery confirmation number stating otherwise. The buyer filed a chargeback claim against me and won because he stated that he has, or will, return the item to me. I contacted the buyer to have him mail the item back to me and he said he won't. I then contact Paypal and they told me the dispute is closed and there is nothing they will do for me. So I am stuck because the buyer now has my item and my money and Paypal won't help me, what should I do?
2 Answers from Attorneys
Re: Buyer Won't Return Item
A delivery made on a sale, but not paid for, may constitute the civil tort of conversion. Seller may consider hiring an attorney in *Buyer's home state* to bring a civil suit against Buyer under the conversion theory. Depending on circumstances, Seller may also have a contract claim against Buyer.
Consult the attorney you hire as to whether to bring PayPal and eBay in as codefendants.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
Re: Buyer Won't Return Item
A demand letter may work, depending on who writes it. All of the parties involved would need to be scrutinized to see if they share any responsibility in this, but the simplest way I deal with these things is to send a convincing demand letter. Most times it works and I sue the ones who don't comply. You would need a lawyer admitted in the state where the buyer is for that approach. We may have one, but you didn't tell us where they are located.
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