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  1. #1
    Join Date
    Feb 2010
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    Default Ebay Property Abandoned - if I Keep It Does It Count As Theft

    My question involves criminal law for the state of: CA

    I purchased a bag on eBay which did not arrive in the condition advertised in the auction. I offered to return the item to the seller if he would refund my money in full and pay for return shipping. I contacted my credit card company and they told me that in order to file for a chargeback I did not have to send back the item, only to offer to send it back at the sellers cost as it was the sellers error which led to my purchasing it in the first place. This makes sense to me- I shouldn't be penalized for his failure to accurately describe the item.

    Anyhow, I sent the seller several messages offering to send the item back at his expense. He refused and proceeded to ignore my subsequent messages and calls. I filed for a chargeback through my credit card company and won. I now have both my money and the item. The seller has not contacted me. I have had the property in my possession for over three months now.

    My questions follow:
    1) If I simply keep the property is that theft? I didn't mean to deprive him of his property and I've been willing to return it since day one, however the seller has not communicated with me at all (including ignoring phone calls and emails) and most definitely has not provided me with funds to pay for return shipping.
    2) Can I consider the property abandoned and simply do with it what I want? I don't really want to keep looking at it taking up my (very limited) space.
    3) Assuming the seller does contact me asking for his property back, can I charge storage fees?

    I'm only worried because I'm under the impression that to possess somebody elses property is theft- does that mean I fall under that definition? I want to and am willing to return the item to the ebay seller, I'm just not willing to pay to return it to him.

  2. #2
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    Default Re: Ebay Property Abandoned - if I Keep It Does It Count As Theft

    The value of this item is what? Where is the seller located?

  3. #3
    Join Date
    Feb 2010
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    27

    Default Re: Ebay Property Abandoned - if I Keep It Does It Count As Theft

    Its not theft because you disputed the charge based on condition of the product. You also have documentation showing you tried work it out amicably with the seller. If you never hear a response, then the bag AND money are yours. But you can not charge storage fees for a fag because that would be unreasonable. At this point if the seller paid to have the item returned then why should you get paid even more for that, you see what I mean? Unless you incurred costs or lost potential income storing the bag, you cannot charge anything.

  4. #4
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    Feb 2010
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    3

    Default Re: Ebay Property Abandoned - if I Keep It Does It Count As Theft

    Quote Quoting Mr. Knowitall
    View Post
    The value of this item is what? Where is the seller located?

    $300 and northern California . If it was interstate would it make a difference?

  5. #5
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    Default Re: Ebay Property Abandoned - if I Keep It Does It Count As Theft

    Quote Quoting ScKcBc
    View Post
    You also have documentation showing you tried work it out amicably with the seller. If you never hear a response, then the bag AND money are yours. But you can not charge storage fees for a fag because that would be unreasonable. At this point if the seller paid to have the item returned then why should you get paid even more for that, you see what I mean? Unless you incurred costs or lost potential income storing the bag, you cannot charge anything.
    We try to provide actual legal information here, not to simply make things up. Please think about that.
    Quote Quoting toothbrush
    View Post
    $300 and northern California . If it was interstate would it make a difference?
    It makes it less likely that the seller would try to file a small claims case or successfully initiate a prosecution.

    The item isn't yours. Ostensibly you don't want it, and that's why you refused to pay for it. If I were the seller in this position, unless and until I had exhausted my appeals of the charge-back, I wouldn't be sending you money to return the item because I would still be trying to get paid for a completed sale; if that's what the seller is doing and the charge-back is not reversed, the seller may send you postage for you to return the bag in its "as delivered" condition.

  6. #6
    Join Date
    Feb 2010
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    3

    Default Re: Ebay Property Abandoned - if I Keep It Does It Count As Theft

    Quote Quoting Mr. Knowitall
    View Post
    We try to provide actual legal information here, not to simply make things up. Please think about that.

    It makes it less likely that the seller would try to file a small claims case or successfully initiate a prosecution.

    The item isn't yours. Ostensibly you don't want it, and that's why you refused to pay for it. If I were the seller in this position, unless and until I had exhausted my appeals of the charge-back, I wouldn't be sending you money to return the item because I would still be trying to get paid for a completed sale; if that's what the seller is doing and the charge-back is not reversed, the seller may send you postage for you to return the bag in its "as delivered" condition.
    At the point where the chargeback process is exhausted at what point can I consider the item abandoned? I have sent many messages telling him that if he didnt reply or send me money to ship back or arrange for pickup that i would consider it abandoned and donate it. how long do i have to wait to be in the clear?

  7. #7
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    Default Re: Ebay Property Abandoned - if I Keep It Does It Count As Theft

    If you mean, how long does he have to sue you if you don't return the bag, it's until the statute of limitations expires. I cannot tell you either what he's presently doing or what he may plan to do in the future.

  8. #8
    Join Date
    Feb 2010
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    Midwest
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    35

    Default Re: Ebay Property Abandoned - if I Keep It Does It Count As Theft

    If you read ebay's policies it is the BUYERS responsibility to ship a retuned item back and they have to pay for it. The seller does not have to pay return shipping if they don't want to. More than likely the seller has been reimbursed for the item out of ebay's pocket.

  9. #9
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Ebay Property Abandoned - if I Keep It Does It Count As Theft

    Since when does eBay pay sellers when a buyer does a charge-back? Seriously.

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