Stop Payments...the Law

Discussion in 'Credit Talk' started by CheckHELP, Apr 20, 2001.

  1. CheckHELP

    CheckHELP Guest

    I was at a computer show recently, and purchased a laptop for $900.00, I got it home, and the thing did not work, the seller said all sales final, and blamed me. I stopped payment on the check, and mailed the item back to the seller, he claims he never got it, and said he is going to take legal action. What can he do?

    All I have is a receipt proving I mailed the thing back!
     
  2. GEORGE

    GEORGE Well-Known Member

    YOU HAVE PROOF OF MAILING...DO YOU HAVE PROOF OF RECEIPT???
     
  3. judyputy

    judyputy Well-Known Member

    Did you get insurance on the laptop when you maile dit?

    I would think that you can prove you put it in the mail. Once there, it's not your fault what they did with it.
     
  4. tareco

    tareco Well-Known Member

    You should have insured it AND sent it certfied with receipt. I don't think the Post office receipt alone is enough. There's no way to proove what it was that you sent.

    Good Luck!
     
  5. Bill Bauer

    Bill Bauer Guest

    Summing it up

    The seller said "all sales final" but did he have a sign posted at his store or booth stating that? Was it in plain sight or on the sales receipt? If not, you may be able to attack from that standpoint.

    Did you keep all your receipts, sales slip, any paperwork that came with the machine, postal receipts where you can prove beyond any shadow of a doubt that you mailed it or shipped it and that he received it? Did you insure the package for the full amount of the machine's purchase price so that in the event of loss or damange it would be covered?

    Yes, I know that between all the other posters, all those points have already been made.

    But you stopped payment on the check and now have no real proof of the facts you state, so my suggestion is that you should really think hard about going out and getting legal advice in this matter because what has been so correctly stated here could very well turn out to be a real legal nightmare for you. These good folks have only touched the tip of what might well be a very big iceberg.

    Take what they have said real seriously and think about the consequences of what they have told you. If you do that, I think you will be seeking legal help real quick. One such source that might be of help to you is to talk to your local attorney general and see if there is any way they can help for free. Maybe so, maybe not.

    Be safe, not sorry later.

    Bill Bauer
     

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