Have Legal Questions? Ask a Lawyer Now.
Thank you for your question. Please permit me to assist you with your concerns. I happen to be a Pennsylvania licensed professional and will try to help.This is a situation that is based on contract law. In essence if you signed an agreement permitting Amazon to hold your funds, they are able to do so. Pennsylvania, as yet, has no case law on this as the current stance is to defer to the written terms in the agreement. Your case would hold up if you have nothing in writing expressly permitting them to hold the funds--then this becomes both a replevin and a breach of contract claim. This isn't conversion as they aren't actively stealing, merely holding onto the funds too long.Good luck.
I understand that, but does Pennsylvania have any laws specifically pertaining to money transmitters? In the State of Washington apparently, there are laws specifically restricting how long a money transmitter can hold on to the money that they owe to you (http://seattletimes.com/html/businesstechnology/2020568463_amazonsellersuitxml.html). Are there any statutes or is there any case law at all that can help you recover money that a money transmitter is required to refund? Are there any limitations that money transmitters are bound by in Pennsylvania in terms of holding on to funds?
Ok, he is opted in. Please answer my question thoroughly and clearly.
Well, does anyone have an answer for me?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).