Expert: Apex Credit Services, LLC - 12/4/2008

Question
Hello,

Between the months of May and September, 2008, I cold a few items on ebid.net(about 15). Eventually I decided that selling items online was not for me and closed up shop.

In November I received a letter from a collection agency, claiming that I owed $551 to GoogleCheckout(the payment processor I had been using).  

Upon further investigation, it turns out that a customer had filed a complaint in October stating that she had never received the item that was sold to her, back in June! Well over 5 months ago.

This collection company wants me to pay the debt but I'm not sure what to do, I believe I don't owe a penny, here's why:

1.) I shipped her the item the day after she purchased it via USPS.  She never contacted me for five months about it(I believe she received it or else she would have been emailing me in days).

I ceased using the email address in September 08(when I stopped selling items online) because I no longer needed it, so she may have tried to contact me then.

Unfortunately, I no longer have the shipment info because it was so long ago, I probably threw it away with other old papers that I felt I'd never need.

2.) My return policy clearly stated 14 days. Shouldn't she have contacted me had she not received it, instead of waiting until October to contact the payment processor, which must've given her a refund in the end?

General business practice would say yes, but legally what this imply?

So my question is, do I have to pay the debt?

The collection company sent me one letter, two weeks ago, I've yet to respond because I'm not sure what to do.

I live in Ohio and I need to brush up on my knowledge of OH collection agency regulation laws.

I know my rights under Federal Law governing collection agencies and I know I have the ability to send them a "cease and desist" letter.

My main concern is not the collection agency however, my main concern is will I, can I be sued? Does the payment processor have ground to stand on since she failed to contact me for so long?

Please help me resolve this situation.

Kind regards,

Daniel  

Answer
Daniel:

  You may be sued or you may not.  Google would have standing to sue you but, that service is so new we at Apex Credit Services have not seen them go after people.  However, we at Apex Credit Services, LLC have seen people sued for less although it seems impractible.

  Ohio has virtually no consumer protection laws except that a collection agency must maintain on office in the state.  You won't find that in the Ohio Code Revised rather, it is a case that I don't have before me.

  What you need to do is ask the debt collector for validation, not communicate with them to cease and desist.  Also, see if they maintain an office.  If not, communicate that with them.  In addition, see if you are still able to rebut the persons allegations made in her chargeback adjustment.

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