Demand Letter to deadbeat seller

The question about what to do with sellers who get your money and don't send your parts has been mentioned more than once here. While not as fun as a well placed kick, or as expensive as hiring a local lawyer, a demand letter sent by Certified Mail might work in some cases. I thought I'd post a draft to start the discussion. Unfortunately, it's boring (and not legal advice).

Seller Name
Seller Address

Date:

DEMAND LETTER

Dear Seller,

As you recall, on (insert date here), you agreed to sell me your (insert item description here) for the amount of (insert price here). Pursuant to our agreement, I sent you a (check/money order/cash) via the US Postal Service on (insert date here). As of today, I still have not received the (insert item description).

Despite my efforts to discuss this matter with you, including (list and date all attempts to communicate – e-mail, phone calls, etc…), you have not responded. You have breached our agreement (contract).

You should be aware of the following relevant United States Statutes:

MAIL FRAUD
Title 18, United States Code, Section 1341

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Elements of offense under this section are existence of scheme, or making of false representations and promises, for purpose of obtaining money or for defrauding, furthered by use of mails. Fabian v. U. S., C.A.8 (Iowa) 1966, 358 F.2d 187,

WIRE FRAUD
Title 18, United States Code, Section 1343

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Mail or wire fraud occurs when person intentionally participates in scheme to defraud another of money or property and uses mails or wires in furtherance of that scheme. Cesnik v. Edgewood Baptist Church, C.A.11 (Ga.) 1996, 88 F.3d 902,

Please contact me within 7 days if you desire to resolve this matter with me informally. I can be reached at (insert your contact info seller should use– phone/e-mail/US mail). Otherwise, this matter will be turned over to the proper authorities.

Regards,



Your name here

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