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Wrong, was wrong hundreds of posts ago and remains wrong.
The tv was addressed to someone else. It was never sent to Memmo, it was delivered to him in error. He doesn't get to keep it and pretend - in his own words - that he won the lottery, any more than he owns someone's house because they mistakenly left the door unlocked and he was able to walk inside.
Never mind that I never argued he gets to keep it. I clearly stated that he would lose the lawsuit.
That is irrelevant. It doesn't matter what the law was designed for. Often laws have unintended consequences. That is why laws are continuously being amended or repealed.
Also I disagree with you that was not what the law was designed to do. I believe those laws were made to protect people from receiving unsolicited items, and then being expected to pay for, or return the items. I believe this case is exactly what the law was intended for. This man is not an employee of Amazon or their shipping company. He is not getting paid to spend even one second of his time to fix their stupid mistake, and the law is clear, he is not obligated to.
Never mind that I never argued he gets to keep it. I clearly stated that he would lose the lawsuit.
Yet you also clearly stated that it was your opinion there wasn't a crime. The police and whoever authorized the arrest warrant disagree. Keeping property that doesn't belong to you is in fact a crime.
Yes, it doesn't matter if it was him that signed or not. The delivery service would have had a harder time proving he had it though if he hadn't signed, which is why someone signs for expensive items.
If his son had signed he would still likely lose the lawsuit. If his intention was to keep it, he wasn't the brightest person in the world in achieving that. He thought he was right, he wasn't exactly.
Being that he signed, the delivery person could recognize him as the person that signed and he admitted to having it means if sued, he is going to be on the hook for the television.
He did admit he had it, multiple times. He simply refused to give it back, even when the police went to his home. Pretty sure if it were civil the police would have told the TV store that instead of going out there. I love how people think they know the law better then law enforcement does.
In the example I used about the car dealer accidentally delivering a car you paid in full for to your neighbor instead of you. Do you really think you would have to sue and wait years, and let him drive a car in the meantime for all that time that you paid for? Simply because the delivery guy dropped it at 1130 Smith Street instead of 130 Smith Street? You would just kiss that $35,000 goodbye until your day in court comes, and in the meantime have to go buy another car? Or you think the dealer should be on the hook for $35,000 simply because the delivery guy missed a digit in the address? Is that what you think should happen in that case???
Yet you also clearly stated that it was your opinion there wasn't a crime. The police and whoever authorized the arrest warrant disagree. Keeping property that doesn't belong to you is in fact a crime.
This is a civil matter. Even the laws brought forward to show where he can not keep the item state it is a civil matter and the resolution is a lawsuit.
He did admit he had it, multiple times. He simply refused to give it back, even when the police went to his home. Pretty sure if it were civil the police would have told the TV store that instead of going out there. I love how people think they know the law better then law enforcement does.
Just because the police do something, that does not make it factual, lawful, or legal. I could post articles for days on end where the police arrest someone and then that person ends up with a large settlement.
This is a civil matter. Even the laws brought forward to show where he can not keep the item state it is a civil matter and the resolution is a lawsuit.
Remind me again, where did you get your law degree?
Remind me again, where did you get your law degree?
Are you disputing what I said? A few pages back where one tried to show that this is not the same as a company actually sending you an item, it is noted that this is a civil issue and to get the item back requires a lawsuit.
If you dispute that, please provide corresponding evidence.
Are you disputing what I said? A few pages back where one tried to show that this is not the same as a company actually sending you an item, it is noted that this is a civil issue and to get the item back requires a lawsuit.
If you dispute that, please provide corresponding evidence.
You can go first, and prove your claim that this is only a civil matter and not a criminal one. PS, there was an arrest warrant issued.
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