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This is why I only do face to face transactions. I may pay more but I see what I get and I get what I pay for. But then again I am old and stubborn.

RPBrown wrote:This is why I only do face to face transactions. I may pay more but I see what I get and I get what I pay for. But then again I am old and stubborn.

I do the same.

JosephYoste wrote: It worked BEAUTIFULLY for me this year while attempting to purchase a STI Targetmaster from an idiot in NY. It is a POWERFUL tool to have in your bag of tricks.

Threat of or actual prosecution? My experience is that the US Postal service has a set of fraud priorities. And a $800 purchase isn't even on the radar when they deal with mail fraud in the scale of hundreds of thousands of dollars with organized crime. That is, they may take the complaint, but the actual rate of prosecution on that isn't very high on low dollar one-off purchases. They will definitely go after the high dollar purchases or scammers that they can link to multiple thefts.

Here's my advice - and I used to help people that had these issues: Get proof of delivery (if available), get USPS tracking on the money, file a local theft complaint once you figure out that the money was deposited (sometimes you have to push the issue with local PD), then you dial up the local PD where that money was sent to and fax them everything- they have everything they need to go arrest someone. A paper complaint works a lot better than a phone call. If the money was actually lost, this is a non-issue. If it was deposited, it's theft.

In your case, if the seller actually did lose that check, it's unfortunate. He's now in a position where if he ships you a gun, he loses all his leverage necessary to encourage you to replace that check. I have to say that if I lost the check, I wouldn't ship the gun. I would offer to cover the replacement cost of that check up front and offer to hold the gun for you.

And now you've got to jump through hoops to track the money, replace it if it has actually been lost, follow up on it if it has been stolen, and you're generally looking at a pretty long process.

Before 03LighteningRocks accuses me of being a dumb criminal:
I buy *lots* of stuff online. As a buyer - the absolute safest way to do it is via paypal backed by a credit card (no bank or balance transfer). If a seller doesn't want to do this, offer to pay the fees, usually about 3% and they can hold payment until it "clears". I have yet to hear a good reason a seller wouldn't allow that... If they ship you a rock, which paypal will validate as "shipped", you can usually charge it back within 30-90 days. Paypal then eats the loss to a confirmed address. And Paypal no longer has recourse to recover from you.

gigag04 wrote: JK. Report it to TGT. Then ask him to send you a photo of his TXDL. Then tell him to send you the rifle. If he refuses, fill theft charges on him w the local PD where he lives, and simultaneously sue him for the amount.

You can do that, but you'll need to prove that it was theft - that is, you need to confirm with USPS trace that the money was deposited into an account first. And because the bank probably isn't going to tell you who owns that account number, you'll need some help. Sending a check that gets lost isn't a crime, even if they guy is a flake. Cashing a check without sending an item is a crime, but it'll take time to figure out which one you've got.

You can sue locally. It'll require that you have him remotely served - which costs money. Typically scumbags don't have any money, so just assume you're going to eat a little more cash for the honor of damaging his already not-so-spotless credit report.

AEA wrote:Visit the local Police Dept and explain the situation and hopefully they will go out for a visit with you.

And PD will send you on your merry lil way citing "civil dispute".

LAYGO wrote:

AEA wrote:Visit the local Police Dept and explain the situation and hopefully they will go out for a visit with you.

And PD will send you on your merry lil way citing "civil dispute".

That's likely if your complaint is that the seller says he "lost" the money. If you bring in the USPS trace and the money was deposited, it's a theft issue, not civil. Tell them you want to file a police report - they have to take it in the case of a theft.

Would you even have cause for a civil action over a lost check or money order?

People can sue over anything. Sue can file against her employer for not allowing smoking at work but that doesn't mean she will win.

this thread is almost 2 years old. Was it ever resolved?
Michael