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Sent unopened box of airpods to someone and paid a service…

Customer Question
Sent unopened box of...

Sent unopened box of airpods to someone and paid a service fee to that person to have them painted. Now asking for the airpods to be sent back to me unopened but seller is hesitating.

Lawyer's Assistant: What state is the seller in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps has the seller taken so far?

Just email communication. As far as I know has not performed any service yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ok with the seller having the service fee. Just want the unopened airpods back

Submitted: 20 days ago.Category: Legal
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Answered in 5 minutes by:
5/31/2018
Lawyer: Legal Eagle, Lawyer replied 20 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,279
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 20 days ago
What legal recourse do i have to force the seller to mail back my item?
Lawyer: Legal Eagle, Lawyer replied 20 days ago

I’m sorry to hear about your situation. You could sue, but I think that sending a demand letter (more below) would be more useful and understanding your legal position would be useful as well.

This to me sounds like a conversion. Conversion occurs when there is a substantial interference with the personal property rights of another. This is possible when either a person is blocking the rights of another’s right to the personal property, even if that person had authority to possess the property, but that right was taken away by the owner (e.g. the owner took away permission from the person currently in possession). Usually, the measure of damages is the fair market value of the property at the time of conversion or a return of the property itself. For example, a vehicle that is worth $4,000 at the time the owner’s access was blocked is likely what a court would award. You may want to consider just writing a formal demand letter advising that the property should be returned ASAP. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. The only other option would be to file a lawsuit in your local court to get the property back.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 20 days ago
Can the demand letter be in the form of email?
Lawyer: Legal Eagle, Lawyer replied 20 days ago

You bet. You can do it via email or certified mail; your choice.

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