How to get a coin back

[coinman_23885]

It isn't an issue of us not supporting him. He is upset, and I can certainly understand that. But there is nothing worse that adding insult to injury - getting one's hope up of recovering the coin or trying to recover something unsuccessfully can just land you further in the hole with lots of added frustration. So it is not a lack of support but encouragement of realistically examining the options available to him. If he wants the coin back, he would be wise to make arrangements with the current owner. For Mailman's sake, I truly hope this has a happy ending.

[bstrauss3]

All you can do Mailman is ask the eBay seller to forward an offer from you to the current owner. PCGS may have a similar capability through their registry sets (I know, for example, that Heritage does forward offers post auction).

 

IF that person is willing to sell, you can buy it from them at market prices. If they added it to their registry set, it may be costly. That's their choice. They don't have to sell. And as soon as you start talking "my" coin and/or making demands, you risk making the owner mad enough to tell you to take a hike.

[jpcienkus]

I feel for you Mailman. I hope you're able to resolve this to your satisfaction.

[halfpint]

 

If you sent someone the wrong coin and they sold it to someone else - that is tough luck and there is no way you can legally get it back from the third party. Apparently you sent it to someone who in turn sold it to a third party.

 

...this

[e1cnr]

So you are not sure who you sold the coin to? You don't know how many hands it has passed through since you lost it? You may not even know when you lost it? Very likely someone sold it for cheap along the way, not having a clue that a bicentennial dollar could be worth so much (I would have guessed $50 - $100, but it is not my series).

 

No case. Offer to buy it, or write it off as tuition to the college of hard knocks.

 

It sold on eBay for $1350 and recent sales up to $2K - this is not a trinket that could be confused as a gift. I wonder if there was a theft at your home mailman, that you have not discovered - if they only took a selective few (rather than all) it might take awhile to notice.

[coinman_23885]

Any happy ending?

[bochiman]

If you sent someone the wrong coin and they sold it to someone else - that is tough luck and there is no way you can legally get it back from the third party. Apparently you sent it to someone who in turn sold it to a third party.

 

...this

 

 

I'm not a lawyer, nor a judge, but I think a lawyer would have a field day with that argument, particularly given that the value of the coin is such that it would be very difficult to convince anyone it was intended as an "add in freebie gift".

And, unless the judge was whacked in the head, I don't think he would side with the recipient either.....

 

In today's sue-happy society, one can sue for anything...just need to find the right court to do it in.

[Walkerfan]

If you sent someone the wrong coin and they sold it to someone else - that is tough luck and there is no way you can legally get it back from the third party. Apparently you sent it to someone who in turn sold it to a third party.

 

...this

 

 

I'm not a lawyer, nor a judge, but I think a lawyer would have a field day with that argument, particularly given that the value of the coin is such that it would be very difficult to convince anyone it was intended as an "add in freebie gift".

And, unless the judge was whacked in the head, I don't think he would side with the recipient either.....

 

In today's sue-happy society, one can sue for anything...just need to find the right court to do it in.

 

Bochiman---I agree with you. I, too, am not a lawyer, so this just my opinion.

 

The more that I think about this case the more that I agree that the seller (not the third party) is responsible for compensating the original owner.

 

Even though this may not technically be fraud nor theft, how could this ever be considered a 'gift' ??!!

 

I call BS, as this creepy dealer guy knew exactly what it was worth and exactly what he was doing and he sold it in bad faith.

 

A good attorney would rip him a new one IMHO.

 

However, I STILL don't know all the facts...

 

Maybe Mailman will chime in?

[Conder101]

Even though this may not technically be fraud nor theft, how could this ever be considered a 'gift' ??!!

 

I call BS, as this creepy dealer guy knew exactly what it was worth and exactly what he was doing and he sold it in bad faith.

The problem is even you agree it wasn't theft and the current owner bought it in good faith so he does have good title to it. The only person he might have a claim against is the person he accidentally sent it to because it wasn't sent as unsolicited merchandise so he isn't entitled to keep it. But there might be a time limit on requesting its return.before the person can do with it as he pleases.

[coinman_23885]

If you sent someone the wrong coin and they sold it to someone else - that is tough luck and there is no way you can legally get it back from the third party. Apparently you sent it to someone who in turn sold it to a third party.

 

...this

 

 

I'm not a lawyer, nor a judge, but I think a lawyer would have a field day with that argument, particularly given that the value of the coin is such that it would be very difficult to convince anyone it was intended as an "add in freebie gift".

And, unless the judge was whacked in the head, I don't think he would side with the recipient either.....

 

In today's sue-happy society, one can sue for anything...just need to find the right court to do it in.

 

But the coin was sold to a third party without knowledge of the events that transpired. Also, the OP seemed more interested in actually recovering the coin itself.

[e1cnr]

Even though this may not technically be fraud nor theft, how could this ever be considered a 'gift' ??!!

 

I call BS, as this creepy dealer guy knew exactly what it was worth and exactly what he was doing and he sold it in bad faith.

The problem is even you agree it wasn't theft and the current owner bought it in good faith so he does have good title to it. The only person he might have a claim against is the person he accidentally sent it to because it wasn't sent as unsolicited merchandise so he isn't entitled to keep it. But there might be a time limit on requesting its return.before the person can do with it as he pleases.

 

not if it was stolen

[coinman_23885]

Even though this may not technically be fraud nor theft, how could this ever be considered a 'gift' ??!!

 

I call BS, as this creepy dealer guy knew exactly what it was worth and exactly what he was doing and he sold it in bad faith.

The problem is even you agree it wasn't theft and the current owner bought it in good faith so he does have good title to it. The only person he might have a claim against is the person he accidentally sent it to because it wasn't sent as unsolicited merchandise so he isn't entitled to keep it. But there might be a time limit on requesting its return.before the person can do with it as he pleases.

 

not if it was stolen

 

It is not stolen if he sent it to them in error.

[Conder101]

And I don't believe there is anywhere in the thread where it was determined or even possibly suspected of being stolen.

[TonerGuy]

If its an unilateral mistake (which it appears it is) and the buyer took advantage of the mistake (which it appears he/she did) you might be able to have the contract ruled void ab initio by a judge. However, you are going to spend much more than the value of the coin in getting to that point.

 

And to get the coin back from the next buyer will be a bit more difficult but a judge can also void the sale and transfer of title.

 

You would have to file suit in the jurisdiction of your initial buyer and then also add in the 2nd buyer for value as a stakeholder and request a immediately request that the judge order an injunction against any additional transfer by the 2nd buyer.

 

And there is no guaranties. You really havent provided enough facts for a solid legal determination but you might have the basis for a complaint.

 

Talk to an attorney in the city of the person that you send the coin to. You will need a legal analysis based on that state's case law.

 

Good luck.

[bstrauss3]

What makes you think the 2nd buyer is in the same state as the 1st... which is the only way the injunction would apply