Q: If someone received a mislabeled package that was intended for someone else in a different state, is it larceny?
Sold an item on eBay to a recipient in Ohio, but the item was mislabeled and sent to a previous customer (Facebook marketplace) in North Carolina. The NC person reached out to me over facebook messenger stating they have the package. They initially agreed to send it out to the correct person (Ohio). I paid them $20 and gave sent them a prepaid label over messenger. They went quiet for 2 days and when asked they had an excuse for not sending it the day they were supposed to. After that, they went quiet and didn’t respond to any messages for 2 weeks until I decided to send a certified letter. They claimed to have sent it out (didn’t provide receipt or tracking number) and that was the end of the conversation. The customer (Ohio) stated they never received a package of any sort.
A: If the name on the label was theirs, this is most likely not a crime. You mistakenly labeled the package. You could always try and file a police report, Depending upon the value of the item you may choose to sue the party in small claims court. The lawsuit would have to be filed in the county where the person resides. You would have to appear in person on the court date to present your evidence.
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