Wrong Click Costs Dealer $38,000 In Coins

Knowing that the Georgia man signed for it, that would decrease his chances of countersuing for moral damages and unsolicited mail; however, he may opt to incline himself towards a same "mistake" that the dealer apparently committed. Consequently, they both have a 50 percent chance of winning. There probably isn't proof that the dealer sent exactly 10,050 coins, or that all those pieces are "real". Therefore, it may be irrelevant if the Georgia man returns less or the same quantity of garbage.
Here is something that occurred to me:
I walked into a bank and picked up what appeared to be part of a twenty-dollar bill folded in half. I did my regular actions and walked out. Two days later, the bank manager tells me that he has evidence that I picked up 680 USD in 20s, and he desires me to return it. I simply listened to his words and left. One day later, a police officer confronts me near the entrance of the bank and tells me to please return the money. Once I finalize acknowledging his words, I tell him the following: "one, there's no proof that I picked up exactly 680 USD...two, there's no proof that what I picked up is 'real'...therefore, three, there's no proof of what exactly did I grab from the floor. However...yes, I will probably return something...but does it matter what I finalize returning?". We interchanged some more words and all ended there. No other human being approached me about it.
Regressing to the original case: someone should tell the dealer that simply because he punched first...that does not signify that he now has the lid of the coffin on his hands.
In the majority of the countries, no such case would culminate in favor of the dealer. Though...recognizing that this is in U.S.A. (where the most unnatural fantasies come true), then I suppose that the dealer may win it.


Salutations.

 

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I feel sorry for the shipper, a simple mistake that is going to cost him dearly. How do you make the person in Georgia actually return the coins?

 

A purchase is a form of contract. For a contract to be valid, there has to be a "meeting of the minds". The dealer didn't intend to send $38K as a gift. The receiver has no grounds to assume it was a gift. There is no valid contract here and therefore no legal transfer of ownership.

The fact the receiver signed for it proves he accepted custody, and he is now personally responsible for the dealer's property. He must either return it or pay for it. That's the civil law at play here.

Under criminal law, this probably constitutes a form of "theft by finding". Contrary to popular belief, if you find an item of value (or have it delivered to you in error) it does not become your property. For that to happen, you must make a "good faith" effort to find the owner. Usually that means turning it over to the police and waiting for a period of time. If during that time the rightful owner does not appear to claim his property, it usually becomes the legal property of the finder.

As the rightful owner is known, the receiver has no legal defense, and faces what amounts to felony theft charges.

 

He might well avoid a criminal conviction with that defense, but he probably will lose a civil case. In a civil case, if the jury believes the dealer and doesn't believe the receiver (easy in this case because of his evasiveness), that's sufficient grounds for them to find him liable for damages. Damages that might easily exceed the $38K, especially if the jury thinks the receiver is also guilty of defaming the dealer by falsely claiming there were just bricks in the package he got.

 

You found 680 dollars on the floor at the bank and walked out with it? Damn, that's ballsy. I found a $100 bill in the parking lot of my old apartment complex, I thought that was pretty rad. I didn't turn that in tho.

 

Don't get me wrong...as a collector, I would do what is ethically proper and send them back, knowing that I, personally, wouldn't want to take a $38,000 hit. However, when you say something 'unsolicited' does not have to be returned, correct me if I'm wrong, but the gentleman in Athens received these coins 'unsolicited'....he didn't order them, they were just sent to him. Am I wrong in stating the gentleman in Athens received these coins unsolicited?

 

I hear you there....I'd be knocking on that guys door!

 

The unsolicited portion of the law that covers it is referring to "intentional" unsolicited property, that is done on purpose to try to get you to buy goods. In this case the unsolicited mail was clearly an error, especially seeing there was not a bill enclosed for the coins that the dealer wanted the recipient to pay, and a quick phone call to the dealer would have confirmed that. Mistakes, like others have mentioned an error at the bank, are not covered by unsolicited mail provisions. If you, in error, by any means, come into possession of property not owned by you, common law, civil law, and UCC law ALL require you to keep it in the condition in which you found it and try to find the rightful owner. Possession, unlike so many bad melodramas would tell you, is not 9/10ths of the law.

I would lay down $1000 bet to anyone that the dealer will prevail civilly. If the recipient does not turn over the coins, he will be prosecuted and most likely convicted of theft.

 

Absolutely ! Once the proof of delivery is provided to the courts, that chap will have no alternative other than pay for the coins or return them to the rightful owner , which in this scenario is the DEALER .

 

I think he has to travel to pick it up..:yes: That' is why I do not dream while working. I am always FOCUS to what I do...specially on 38K...not small amount of money. Check and re-check before you click it. every time I ship my parcel I always re-check the zip code IF it match on my receipt before leaving the Postal Office.
This kind of case is not a FINDER Keepers too...maybe? what all you think.?
If I am selling 7- 8 figures I will do some special arrangement with a lot of witnesses to look on. To mail or ship it NEVER! Unless upon requested and acknowledge the full responsibilities of the item shipped.

Lesson 1- Daydreaming is not allowed while working....:smile IS HE? TO BE OR NOT TO BE?

 

The man keeping the coins will be prosecuted. Even though the dealer messed up, the coins do not belong to the athens man. What would make him think "ohhh these are mine now!". Seems like a large order to be going threw the USPS. I agree with the comments and picking them up in person! Good story, thanks for the post

 

You have questionable moral character!

 

This is a little off topic and not exactly the same in many ways but. About a year and a half ago I had purchased a silver proof set I believe it was a 2006 and it was right after I had recently moved. I had changed my address on paypal but not ebay(could be the other way around don't remember exactly) anyway the seller had sent my coin to my old address but with my name on it. I emailed the seller a couple weeks later when I didn't receive my package yet and he mailed it to my old address. I to this day never got the proof set so I believe the new person living at my old address kept the set.

 

Yep, he probally does have the set. Bad luck.

 

Something seems to be missing here. Why would the dealer send out a $38,000 order without first having been paid for it? Assuming the order was paid for, the coins actually belong to the customer who ordered them. Why would the dealer be leading the charge to recover the product? I realize the buyer is an innocent party here but they're his coins.

As far as using the US Mail to send valuables, the accepted way is to use Registered Mail. This requires that every employee who handles the package sign for it. This is everyone from the counter clerk who accepts the package, through the carrier who delivers the package, and then the recipient. This also includes $25,000 insurance, but additional insurance can be purchased. I would hope the dealer used this method.

The Hope Diamond, worth over $200 million, was sent to the Smithsonian by US Mail. http://www.usps.com/postalhistory/_pdf/HopeDiamond.pdf

 

Who said the dealer shipped the coins before receiving payment? I think you are reading something into the story that isn't there. I would assume the dealer received payment from the buyer before he shipped the coins. If the buyer has a good track record with the dealer then the dealer could very well have shipped the coins before receiving payment. But that is not the issue here.

Are you serious?? Are you SERIOUS???

It is the buyer's problem that he didn't receive the coins he purchased? Really? The dealer shipped the coins to the wrong address and it is the buyer's problem? I cannot believe what you wrote.

To make an analogy, suppose you take your wife/girlfriend to a fine restaurant. You order a very expensive meal. The server takes your meal to the wrong table. Is it up to you as the customer to retrieve your meal from the other table? Should you pay for the meal you ordered even though - THROUGH NO FAULT OF YOUR OWN - you did not receive it?

 

Wow.........
Really?
How long do you think this dealer would be in business, or anyone for that matter if he just said...Oops sorry I sent your coins to another address tough **** your problem now.
Come on.

 

I believe I was told in a law class that the person that received the package would not have to return it.

It will be interesting to see how this turns out.

 

The dealer has a big problem here I think. Not sure their is any way the dealer could ever prove what was in that package sent by mistake. So if the guy who received the package by mistake was a bad guy, which seems to be the case here by his not return the items, he could just claim that he did sign for the package and it only had 100 silver dimes in it which he will gladly now return... how can the dealer prove that 10,000 dimes were in the box???