Legal Question in Civil Litigation in Louisiana

Where is the item I purchased?

I sold an item on ebay and the buyer states he never received it. I mailed it securely but did not insure it. I have a receipt from the post office as proof I mailed it but the buyer says he didn't receive it and wants a refund. Am I liable or the post office? Do I accept his claim of not receiving the item and am I obligated to issue a refund?


Asked on 3/14/02, 8:59 am

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Where is the item I purchased?

The person is more likely to demand payment from you than from the postal service for two reasons:

1. Many people lie about mailing things, including most everyone who ever said "the check is in the mail";

2. Trying to prove a case of a missing package against one of the largest government agencies in Federal Court (you can't sue the federal government in state court) is almost impossible.

Obviously, all future shippings will be registered or certified with a return receipt.

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Answered on 3/14/02, 10:09 am


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