Search results

Yikes. Thats pretty bad business. Bad enough after you agreed to a deal he backed out, but not covering the currency loss is ever further out of line. You're a much braver man than I, 45k deal with no escrow. Wowzers!

I prefer the look of the cents, but the aramiths seem to "light up" better and are easier to see IMO.

LOL. The second video is a prime example of what happens when you fight with your hands down.

Basically yes. If there was anything criminal about it, the police would likely knock on the door, talk to him, and tell him to send it back or they'll be back with a warrant and charges. Especially something like this which is in the grey area at best criminally, they would try to resolve...

He can probably pursue chattels and conversion civily. The confusion is if the recipient has committed a criminal offense. I didn't check, is SC a common law state? His defense would simply be that he was sent unsolicited merchandise, which federally is his to keep. This would likely not hold...

Its kinda the same as in a criminal case "innocent until proven guilty." If you are charged with a crime, the burden of proof rests with the state or federal government.(whichever brings the charges) You could exercise your right to remain silent the entire time during the trial, as you don't...

No hard feelings at all. Its an interesting topic. The "without solicitation" only works in regards to items shipped to you, not physically handed to you. Totally different world. This is why being an attorney is a profession. There are endless amounts of different things involving legal...

Its pretty ass backwards, but its a viable strategy if it costs less than litigation. This happens many times if someone is honest if a company ships them something extra. They notify the company and they are either told to keep it, or the company will send them a gift card, give them credit...

One, that is Texas law, not SC. Two, he still can claim the property was sent to him without solicitation, therefore at the moment, it is his property as he has no legal obligation to return it. Likely wouldn't get a criminal charge. I'd be curious as to how Texas defines "acquire" legally.

Civil law is totally different from criminal law. In civil court he would likely get the cue back or be compensated. I've stated in almost every post his action would be civil. On a different level, but similar situation, OJ was acquitted of any criminal wrong doing, but was held civilly liable...

Again, totally different situation. Money errors always have to go back. For example if your employer mails you a check by accident, you can't keep it. Merchandise is a separate issue. Had someone accidentally sent her say....a set of golf clubs you ordered to her house....her attorney would...

Doesn't make it legal, unfortunately.

Feel free to find a statute, be it federally or locally that protects the shipper. I have not been able to find any. I have searched several legal resource sites, combed through SC statutes, and made a few calls to attorney contacts I have, as this is an interesting issue. Thus far, none have...

I have tried to find any protections on the sender. Thus far I have found none. It seems to be along the lines of "don't screw up and ship something wrong."

See my explanation above. They do not get into the "recommendations" about what to do until they clearly say "you are not legally required to notify the shipper." The paragraph above the Q/A is to simply state the issue the laws were made to stop, however, there are no laws that help out the...

Unfortunately they are as far as criminal charges and legal requirements. The situation in which something is mistakenly sent, recognized as a mistake, and then the recipient refuses to send it back is likely VERY rare. In situations where something fairly small rarely comes up, there are many...

Apparently I understand legal matters much better than you. I'm not saying its right, but it is "legal."

After reading it over again, since they first say you have no legal obligation to notify the sender, the following suggestion to notify the sender if its an honest mistake is just a CYA tactic. There doesn't appear to be any legal requirement for you find out if it was sent in error. So...

Again, has to do with the mail. This is a totally separate issue from cars. Its not as simple as you think. Here's a link for anyone who cares. http://www.consumer.ftc.gov/articles/0181-unordered-merchandise They do not specify "only if they ask for payment." It simply states if you receive...

You may be right. In my experience, the FTC does not specify. Either way, as a state or local police officer, unless there is a specific state/local statute, they can't do anything. One would have to refer to someone with FTC or with the Postal Inspectors. I have seen first hand though, when a...