Statute of limitations on failure to bill/collect

K

KrunchTime

New Member
I purchased some clothing from a company in China that is a borderline scam company. They sell clothing that looks great in pictures but is ridiculously low-quality, too small, its cost prohibitive to return, they have dodgy customer service, shady bait & switch policies, etc. They have a horrible trustpilot rating and so they are constantly changing the company/website name. Anyway, immediately after I ordered, I demanded a refund, which their terms of service allow. PayPal wound up refunding me 100%. This shady company confirmed that I was refunded, while at the same time telling me in other emails that my product had shipped. Low and behold, a month later, the product that I ordered arrived in the mail from China. I was never billed. I never opened that bag, expecting them to either want to charge me again or ask that I return it. It has been almost a year now. Chances are that my order slipped through the cracks, and I will never hear from them again. But, this made me curious. Is there a time limit that a seller has to correct a mistake like this?
 
You think that they're going to come after you...
From China?
 
KrunchTime said:
I purchased some clothing from a company in China that is a borderline scam company. They sell clothing that looks great in pictures but is ridiculously low-quality, too small, its cost prohibitive to return, they have dodgy customer service, shady bait & switch policies, etc. They have a horrible trustpilot rating and so they are constantly changing the company/website name.
Click to expand...

You could have found all that out before placing your order.

KrunchTime said:
But, this made me curious. Is there a time limit that a seller has to correct a mistake like this?
Click to expand...

Whatever the statute of limitations for breach of contract is in the location where you can be sued. 4 years for a written contract if you are in California.

There is also the potential for criminal prosecution for retaining goods for which you did not pay.

KrunchTime said:
PayPal wound up refunding me 100%.
Click to expand...

Did the seller approve the refund?

Or was it Paypal's unilateral decision?

Getting a charge back from Paypal doesn't mean that you don't owe the money.

All that being said, you probably don't have to worry about any of that happening.
 
KrunchTime said:
Is there a time limit that a seller has to correct a mistake like this?
Click to expand...

No.

Since your subject header mentioned the term, a statute of limitations is a law that provides how long a person has to file a lawsuit after the accrual of a legal claim. The company could, in theory, sue you for unjust enrichment. How long the relevant statute of limitations is depends on the laws of your unidentified state. I disagree that there is any potential for criminal prosecution here.
 
KrunchTime said:
I purchased some clothing from a company in China that is a borderline scam company. They sell clothing that looks great in pictures but is ridiculously low-quality, too small, its cost prohibitive to return, they have dodgy customer service, shady bait & switch policies, etc. They have a horrible trustpilot rating and so they are constantly changing the company/website name. Anyway, immediately after I ordered, I demanded a refund, which their terms of service allow. PayPal wound up refunding me 100%. This shady company confirmed that I was refunded, while at the same time telling me in other emails that my product had shipped. Low and behold, a month later, the product that I ordered arrived in the mail from China. I was never billed. I never opened that bag, expecting them to either want to charge me again or ask that I return it. It has been almost a year now. Chances are that my order slipped through the cracks, and I will never hear from them again. But, this made me curious. Is there a time limit that a seller has to correct a mistake like this?
Click to expand...
What state? This is required information to accurately answer your question.
 
California.
As I recall, the seller did approve the refund w/PayPal. They are so disorganized that they also shipped out the order. They shipped AFTER I canceled, which goes against their refund policy. That's a peek into how dishonest they are.
But yeah, let them navigate the US court system from China if they ever choose to. LOL
 

Share this page

Get a free case review from a lawyer
Back
Top