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Ask D. WINOGO ESQ. Your Own Question
D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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I sent an iPod to a customer who won it on an auction on eBay,

Customer Question

I sent an iPod to a customer who won it on an auction on eBay, but I did not collect the money first. She kept saying that she would pay, but days dragged on and I received nothing. Every time I contacted her, she had some excuse that something hadn't worked or the system had messed it up. She then pretended to be her mother and said that her daughter had passed away. I called her recently on my friend's phone so she wouldn't recognize my number, and she answered and confirmed that it was her. When I said who I was, she immediately hung up. Do I have any legal power in this situation to get my money?
Submitted: 7 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 7 years ago.

You absolutely do have the right to recover the iPod or have her pay you the agreed amount. By entering a bid and winning the auction, this woman entered into a legally binding contract (provided she is/was not a minor).


By failing to pay you, she has breached the terms of the contract. You may sue her in small claims court. Ideally, the best place to sue would be in the local courthouse of the county in which this woman resides. You do not have to sue there though. Your claim would be for breach of contract, conversion and unjust enrichment.

Expert:  D. WINOGO ESQ. replied 7 years ago.
I certainly hope that you were satisfied with my answer. If not, or if you have additional questions, please let me know.