holding customer equipment for nonpayment

[infocus]

What is the name of your state (only U.S. law)? CA

TV repair store. All customers sign a waiver when they drop off their equipment which includes a statement on diagnosis fees that are assessed.

If a customer picks up their TV but refuses to pay for diagnosis, can the TV be held until the customer pays, even if they create a huge scene, make threats, etc? Or must the equipment be given back to the customer even if they refuse to pay?

 

[JETX]

If a customer picks up their TV but refuses to pay for diagnosis, can the TV be held until the customer pays, even if they create a huge scene, make threats, etc? Or must the equipment be given back to the customer even if they refuse to pay?

You can only charge or withhold delivery if the customer is made aware of that fact PRIOR to their entering the service agreement with you.

 

[infocus]

When you say "made aware of that fact", does that mean verbal or in writing? They sign a contract but often don't read the fine print.

 

[justalayman]

if they do not read the contract and sign it still, they can still be held to the contract.

if you are having problems, make the print larger on the contract or add signs that state: equipment will not be released until bill is paid in full; and post them near the service desk.

verbal is hard to prove. You can argue you told them, they will argue you didn't. How do you prove you did?

 

[infocus]

Good advice! I think a sign is the best thing.

But let's say they claim they didn't see the sign and they didn't see the text on the document. Do they have any legal recourse at all?

I don't think it will happen but some clients will try anything to get out of paying. It's happened!

 

[justalayman]

make it in large font on the contract.

anybody can try to claim anything. The more obvious you make things, the less likelihood they will be able to support a claim they were not notified.