Legal Question in Criminal Law in Pennsylvania
Theft of merchandise - mail order
We are in Pennsylvania and customer is in North
Carolina.
Customer placed phone order - total $448.81.
We shipped COD via united parcel service.
Customer received order then stopped business
check.
customer said they returned merchandise via 1st class
mail but has no proof.
postmaster advises package size is too large to be
sent 1st class mail. would have to have been: priority or
express or parcel post and customer would receive
receipt showing service type, destination and rate.
customer has no receipt or proof they returned and we
haven't received merchandise.
question: Is this a criminal act and can I threaten
criminal action against customer for theft and fraud?
1 Answer from Attorneys
Re: Theft of merchandise - mail order
yes and yes. no sense delaying. bring suit today or call the cops. separately make out a private criminal complaint if the authorities in PA won't prosecute. seek restitution of the 500 dollar amount of which you wrote.
good luck
TV
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