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Deleted user

posted 3 years ago

paid but not received goods

what case can i file to an online seller that cannot give me the product that i have paid for?

Country

Philippines

Fields:

Commercial and Business Law
Contract

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Deleted user

Lawyer

posted 3 years ago

Hello in you´re country im sure theres a department for the consumers to claim you´re products or services you already pay for and don´t recieved.

Deleted user

Lawyer

posted 3 years ago

It would depend on the situation but the cases can either be civil case or criminal case or both.

Deleted user

Lawyer

posted 3 years ago

Hello there. I would advise you to send a demand letter first as it is a requisite for a legal claim that you may want to proceed with, moving forward. If a demand letter was already served (and received by the other party), you can file either a criminal case or a civil case against the online seller. 1. Criminal Case - Estafa (if there is deceit) 2. Civil Case - If there is a contract, file for breach of contract and demand for damages + collection of sum of money to recover the amount you paid for. If there is no contract (although in the eyes of a law, in cases like these, a contract is formed even if it is an oral contract), file for a a collection of sum of money.

Deleted user

Lawyer

posted 3 years ago

If there is fraud or deceit involved, file a criminal case of Estafa. In this connection, my usual strategy for Estafa is to separate the civil liability aspect from the criminal liability portion and move for the issuance of a writ of preliminary attachment if the person sued has properties to serve as collateral as a way to secure payment once there is a favorable judgment. If there is no fraud or deceit that tainted the transaction, then file a civil action for cancellation of the contract of sale and ask for collection of sum of money (return/reimbursement of your payment) with damages.