|
Here's
the scenario: You just got back from the post office,
having shipped that prize box of Pokémon trading cards to your
auction's high bidder. You're mulling over the witty feedback
you intend to give your buyer, when--surprise--you get a call
from Don down at the bank. It appears that once-beloved buyer
has sent you a check that bounced halfway to Japan. Now, more
than a week after the sale, you're out $200. Follow these tips
to learn how you can fight back.
Second
Chances
Understand that it might have been an honest accounting error on
the part of the buyer. If your bank has not done so already, ask
to have the check resubmitted to the buyer's bank on the
assumption that funds may now be available. With any luck, the
check will clear and you'll get paid. Also, send an email to the
buyer, requesting payment for the bounced check fees that were
passed along to you by your bank (this amount varies, depending
on the bank and the amount of the check).
Certified
Payment
If your bank already unsuccessfully attempted to process the
check three times, send an email to the buyer and request
payment for the original item and bounced check fees. This time
request that the buyer make payment with a cashier's check or
money order, and set a deadline for payment. Also, send a copy
of the bounced check to the buyer by certified mail so that you
have proof that he or she received it.
Stand
in Protest
It is also possible to "protest" a check. If the
buyer's bank allows this, the check will be held at the buyer's
bank until sufficient funds are available to clear it. After
protesting the check, have your lawyer send the buyer a letter,
which outlines your action and requests payment of any bank
fees.
Scare
Tactics
If the buyer is still mute, send him or her a letter by
certified mail that says you intend to file a mail fraud
complaint with the U.S.
Postal Inspectors Service if he or she does not pay by a set
date. In addition, tell the buyer you are going to file a
complaint with his or her local police department, as well as
hire a collection agency.
Long
Arm of the Law
If this doesn't get the lax buyer's attention, follow through on
your promises. Your local police and district attorney will
participate in the buyer's prosecution under the "theft by
check" statute. Also, if the item's value is significant
enough, you might consider filing a civil lawsuit against the
buyer at your local courthouse. And make sure you include a
punitive damages award as part of the suit.
Complain
If you'd like to get the word out, file complaints with the Federal
Trade Commission, The
National Consumer Complaint Center for Internet Fraud, False
Advertising, and Breached Warranties, and the National
Fraud Information Center. These organizations actively
participate in the investigation and prosecution of debtors.
Right
to a Refund
Next, make sure you request a refund of your final value fees
from the auction site. You not only get back the commission you
paid, but you also put the fraudulent buyer on the site's radar.
Sites take note of buyers who do not finish sales because it
forces them to refund the money they made on the sale. Sites
will even ban repeat offenders.
In
the Future
To avoid this situation again, consider amending your sales
policy. Indicate that you will not ship items until a buyer's
check clears. If this is too severe, indicate that you will
deliver upon receipt of payment only to buyers with a feedback
rating above a certain level. Those below it must pay by money
order or cashier's check for immediate delivery. Another
alternative: explain that you reserve the right to delay
delivery if a buyer has excessive negative feedback.
Back to Auction tips &
tactics
by Vendio Services
|
