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09-29-2008, 12:02 AM
| | Junior Member | | Join Date: Sep 2008
Posts: 2
| | | Angry Buyer - Craigslist
My wife put our sofa on Craigslist. Guy drove 85miles to pick it up. Looks GREAT on outside but turns out there were a couple of stains that could be found when you unzip the cushions (on the foam).
Anyway, before she agreed to buy it, the guys wife emailed my wife and asked if there were any stains and my wife said no (thinking she meant visible stains).
When he came to pay he gave $300 cash and $100 check. Now, he called tonight and wanted me not to cash the check since I didn't 'disclose' these not-visible stains as a way to "make this right"
I said he had plenty of time to look over the couch and unzip the cushions when he came to pick it up, and when he left said the couch was "beautiful" so I was still cashing the check, especially since the stains aren't visible.
So he said he would be suing me and the next time i heard from him it would be from his lawyer.
Two questions:
1) Does he have any legal standing? We never lied to him or wife and he had plenty of time to look over at my house
2) What if he puts a stop payment on the check and it bounces? Someone told me I could take it to the police (I already put the check in my ATM last night)
Thanks! I'm from Ohio  |
09-29-2008, 07:02 PM
| | Member | | Join Date: Jul 2007
Posts: 944
| | | It is illegal for him to put a stop payment. |
09-29-2008, 11:02 PM
| | Member | | Join Date: Jun 2008
Posts: 217
| | | Pffftttt...unless he puts a stop check on you're golden. (because most won't go to court over $100.)
If he does, you have to decide whether it is worth your time and effort to litigate this.
I'd call his bluff though, and cash the check. |
09-30-2008, 12:15 AM
| | Senior Member | | Join Date: Dec 2007 Location: Alajuela - La capital del mundo
Posts: 1,107
| | Quote:
Originally Posted by JustAPal00  It is illegal for him to put a stop payment. | It is not illegal for him to put a stop payment on the check. The buyers feels like they did not get the product they were paying for. This is a civil matter and small claims court would be where this would go for legal resolution.
I suggest that the OP doesn't spend the hundy he put in the bank for at least 10 business days. I have a sinking suspicion that check will be returned.
__________________ Quote: Your Are Guilty ~ Senior Member
That's akin to OJ saying that the knife manufacturer should have never sold him the knife because, after all, they should have expected him to use it.
| Thanx YAG    |
10-02-2008, 11:29 AM
| | Member | | Join Date: Jul 2007
Posts: 944
| | Quote:
Originally Posted by Wirelessany1 It is not illegal for him to put a stop payment on the check. The buyers feels like they did not get the product they were paying for. This is a civil matter and small claims court would be where this would go for legal resolution. | It's fraud! The "hidden damage" question belongs in court. It is illegal to pay for something by check, take delivery of the item, and then stop the payment of the check because you decided you aren't happy! |
10-02-2008, 12:56 PM
| | Member | | Join Date: May 2007
Posts: 435
| | Quote:
Originally Posted by Wirelessany1 It is not illegal for him to put a stop payment on the check. | It absolutely is. |
10-05-2008, 04:11 PM
| | Member | | Join Date: May 2008
Posts: 208
| | Quote:
Originally Posted by Wirelessany1 It is not illegal for him to put a stop payment on the check. | Yes it is. You can't write a check and stop payment on it. You can't write a check and make it bad. that's fraud. Quote:
Originally Posted by Wirelessany1 The buyers feels like they did not get the product they were paying for. | The buyer inspected the item and accepted it. Quote:
Originally Posted by Wirelessany1 This is a civil matter and small claims court would be where this would go for legal resolution. | Yes, and this is the buyer's option, NOT stopping payment on a check. |
10-05-2008, 09:19 PM
| | Senior Member | | Join Date: Dec 2007 Location: Alajuela - La capital del mundo
Posts: 1,107
| | | Name the statute
Please educate me. What is the statute says that it is illegal to place a stop payment on a check?
__________________ Quote: Your Are Guilty ~ Senior Member
That's akin to OJ saying that the knife manufacturer should have never sold him the knife because, after all, they should have expected him to use it.
| Thanx YAG |
10-05-2008, 10:43 PM
| | Senior Member | | Join Date: Dec 2007 Location: Alajuela - La capital del mundo
Posts: 1,107
| | Quote:
TimStudiesLaw has just replied to a thread you have subscribed to entitled - Angry Buyer - Craigslist - in the Online Purchases and Sales forum of FreeAdvice Legal Forum.
This thread is located at:
[url=http://forum.freeadvice.com/online-purchases-sales-87/angry-buyer-craigslist-432281-new-post.html]Angry Buyer - Craigslist[/url]
Here is the message that has just been posted:
***************
---Quote (Originally by Wirelessany1)---
Please educate me. What is the statute says that it is illegal to place a stop payment on a check?
---End Quote---
That'd be the Uniform Commercial Code, Article 4
|
Tim...and you deleted your post why???
__________________ Quote: Your Are Guilty ~ Senior Member
That's akin to OJ saying that the knife manufacturer should have never sold him the knife because, after all, they should have expected him to use it.
| Thanx YAG |
10-07-2008, 12:26 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 2
| | | Resolution
Thanks for all your posts. Buyer did not stop payment on the check and I have not heard from him since. He did threaten to sue and send me a letter from his attorney but nothing yet.
I did check with an attorney friend and he said that if he indeed had stopped payment on the check it would have been fraud and I could have pressed civil and criminal charges. He said rarely for so little money would he advise criminal charges but if he failed to pay it was an option
Thanks! | |
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