Q: What to do when a buyer claims the package they received is empty?
I recently sold an item online. I shipped it USPS priority envelope. It was delivered and the buyer is saying it was empty when received. I put the item in myself. Now they are threatening legal action against me if I don't refund them. What do I do in this situation? Can they do anything to me legally?
A: Unfortunately, it's basically one person's word against the other's. If they sue, based on the value of the item, you'd need to decide if it's easier to offer a refund or defend the matter on your own or with an attorney. Good luck
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In this situation, it's important to approach the matter calmly and methodically. First, gather all evidence of your shipment, including any documentation or photographs you might have of the item before it was shipped. This can help establish that the item was indeed sent.
Next, check with the USPS to see if they have any information or advice. They might have procedures for handling claims of empty packages or may be able to provide information about the package's condition when delivered.
Communicate with the buyer in a polite and professional manner. Explain that you are investigating the situation and outline the steps you are taking. Keeping a record of these communications is advisable.
If the buyer continues to threaten legal action, remember that they would need to prove their claim in court, which can be challenging. However, it's also important to consider the policies of the platform you used to sell the item. Many online marketplaces have procedures for disputes like this and may offer mediation or a resolution process.
If you're unsure about how to proceed, or if the situation escalates, seeking legal advice might be beneficial. An attorney can provide specific guidance based on the details of your case and the laws in your area. Remember, handling such disputes professionally and with proper documentation is key.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
