File police reports and small claims cases

[discountstore57]

Good morning,

We encourage everyone to do the same.  We filed an online police report.  We filed an online small claims case.  We will not let a buyer rip us off.  Stop the madness, file your case.   We lost over  $550.00.  If we have to walk to their state-we willl.  Enough is enough.  An employee accidentally refunded before a return because of how the tab on managed pay looks.  The buyer was refunded and he won’t return the collectable cards.  We sent a return label through returns.  He said that it was blank.  We don’t know....could be...We emailed him one through EBAY.  We mailed him one.  We offered a prepaid service.  EBAY states that since he was refunded, all that they can do is answer the police inquiry.  WE WILL NOT LET THIS GO since we can’t deduct it because cost of goods is no longer possible.  Fight these people so that everyone has fewer incidents.  Win or lose, we got the time.

[dhbookds]

We filed an online small claims case

tell us how / where you did that.........

[discountstore57]

We researched the state of purchase.  That state has online filing due to corona virus.  Go to the buyer’s state court system.  Call them and ask if they allow online filing. You may end up losing your case, but at least you can say that you tried to fix it.  We accidentally hit approval for a refund and the item didn’t come back.  Our situation is a little different from your sale.  Also, we paid $111 to file.  We still need to go to court.  It is time and money well-spent for us.  We don’t care!

[worldwide_ship · Accepted solution]

More power to you buddy! I'm thinking myself of starting to file cases in the buyers state for fraud over $500. Hopefully all they have to do is get notice of the case and return the item to you!

[doubledz-a2z]

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@discountstore57 wrote:

Good morning,

  EBAY states that since he was refunded, all that they can do is answer the police inquiry

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 Ebay cannot prove what a seller sends a buyer.   When you refund they have to consider the case over.   Normally the police will not even take a report....it is a civil matter.    Sadly it sounds like you are chasing good money after bad ($111 filing fee).  Good lesson for all but I don't think this one will end in your favor.

[kensgiftshop]

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@discountstore57 wrote:

 An employee accidentally refunded before a return because of how the tab on managed pay looks. 

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So, how is that the buyers fault?

Maybe your employee needs to be trained better.

[frgre3717]

@discountstore57it's your employee you should be suing not the buyer!

[discountstore57]

So, he shouldn’t have to return the item?  He received a refund and kept the item.   

Thanks pass

[discountstore57]

Thank you and good luck!

[discountstore57]

Good afternoon,

So he could send back the item that was received.  EBAY gave me their legal section’s POC..  I don’t mind spending the money for this problem.  He may do it again-to one of you.   An EBAY email stated that this issue is becoming common.  Start fighting and reduce the problem.

[discountstore57]

He needs to send back the item.  He has the money and the item.  

[fab_finds4u]

You made the mistake and now you want the buyer to pay for your mistake?

You or your employee GIFTED the buyer the item when you refunded the buyer  before getting the item back.  There is no incentive for them to return it now.. They haven't broken a law so I'm sure that police report went in the round file.

I'd like to be a fly on the wall on court day. When the buyer shows the judge the policy that says sometimes the buyer is refunded and not required to return the item I think it will be all over.

What do you mean in your listings that you set up a sales tax table for the states eBay doesnt? Do you mean you're charging buyers in states eBay doesn't collect in?  That would be illegal to tax buyers in states you don't  have a physical presence in.  You can't charge buyers sales tax in states you don't have a reseller's certificate in.

[frgre3717]

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@discountstore57 wrote:

So, he shouldn’t have to return the item?  He received a refund and kept the item.   

Thanks pass

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But your employee caused the situation, for all the buyer knew you intentionally refunded and allowed them to keep it, then changed your mind later

[wesk_36]

"He may do it again-to one of you. An EBAY email stated that this issue is becoming common."

The buyer cannot do it "to one of you" as you created the situation and if you hadn't refunded them accidentally, you would still have your money. 

You have no case. No laws were broken, no ebay rules were broken.

The buyer, in this situation, is not legally obligated to return anything, but of course they should, but shoulds are not grounds for a legal judgement. At best, the judge could admonish the buyer but will not rule against them nor force them to return anything.

You never know though, if the buyer knows you filed a small-claims against them, they may then feel the urge to return something to you to before the court date.  They could still return a book or anything and show "proof" that they sent something back.

[discountstore57]

First question:It cost 550.00 We’ll take our chances.

Second question: States DO charge the tax, and we remit to the state.  Florida is one that just collected from us.  However, EBAY did not charge them.  Unlike some people, we have several business licenses across the US.  We pay quarterly taxes.