QUESTION
If I purchased an item on facebook but was sent an extra item by accident, can the seller charge me for that?
Asked on May 17th, 2013 on Criminal Law - Georgia
More details to this question:
She mistakenly sent me the second item by accident. Now she is saying she is going to charge me for theft if I don't return the second item. Also she is ruining my good name on other Facebook pages that I am a part of and where I buy and trade items of the crafting nature. I just don't want my name to be dragged in the mud because of a mistake she made when she sent me my item I purchased from her. It is not like I went, broke into her house and took the item. She actually sent it in the mail to me along with the item I originally bought! Now I am getting bullied into mailing the "stolen" item back and she is slandering my name with potential business associates. Please help.
4 ANSWERS
Michael J. Breczinski
I would send her the item back as soon as she arranged to pay for the shipping.
Answered on May 20th, 2013 at 8:29 PM
Personal Injury Attorney serving Midvale, UT
at
Arrow Legal Solutions Group, P.C.
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You do not have a right to the wrongfully sent item but the party who wrongfully sent it doesn't have a right to make you incur additional expense to return the item. Have them pay you or arrange for a return shipment at their expense to return it.
Answered on May 20th, 2013 at 8:16 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
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You don't want your name tarnished, then either send it back or pay for it. The critical word that you use and acknowledge is that she made a "mistake". If you went to a bank to cash a $10.00 check and they misread the check and gave you $100.00, would you get to keep the money?Under your rationale you would because it was the bank teller's mistake and you only asked for $10.00. Well, the answer is "no". You would have to return the property. The same applies here. Your a business person. Think about it. If the roles were reversed, what would you expect?
Answered on May 17th, 2013 at 2:48 PM
The best and cheapest thing you can do is send back the item or pay for it. The proper way for the other person to deal with this is to file for payment or return if civil court. You cannot be charged with theft in criminal court.
Answered on May 17th, 2013 at 2:46 PM