is there legal recourse against a customer who walked out with unpaid merchandise?

hi, i work at a computer bookstore and i allowed a customer to take two books based on a verbal agreement that he would pay for them the next day. i made sure that i wrote down his personal and work information - both which i verified. also note that my friend was present when he agreed to pay for them. if he decides to bail, is there legal recourse i can take? the amount of the books came up to 153.99 - it's a small amount but my manager told me i'd be responsible for the amount and that's a lot to a starving student. help!

Yep. Simply file a small claims lawsuit against him for 'breach of contract' (to pay for the books the next day). Also, you should have learned that you screwed up, huh??

Police

Before you consider going through the extended process of small claims, try contacting the person and let him know that you will have no choice but to involve the local police if he doesn't pay for, or bring back, the books.

You will most likely get a faster response to your problem that way.

You are lucky you still have the job. NEVER let anyone remove any item from the store upon a MUTUAL verbal agreement. So what do you tell the police? Yes, officer I knew the party was in possesion of the merchandise, and yes I agreed they could pay for them later, what do you expect the officer to write on his report??? Actually you could be charged for allowing the merchandise to leave by the store owner. Best thing is to contact the party and advise (as JETX already posted) that you demand payment by __________ for the full amount of __________ or you will file civil action against them. Otherwise, be prepared to pay for your and their mistake yourself, and hope for restitution later.

nicolia said:

try contacting the person and let him know that you will have no choice but to involve the local police if he doesn't pay for, or bring back, the books.

Click to expand...

And EXACTLY what charge do you think the police would pursue?? If you think theft, your incorrect as the fact is the person took the books with permission. Bottom line.... this is NOT a police matter and the police would NOT take a complaint.

What if the owner of the store called the police about his employee who allowed this to happen....who knows it could be conspiracy to unlawfully obtain computer programing books.

Show me where...

Why do people assume so often?

Where did I make any specific recommendation to enlist the aid of police? If you read correctly, you'll note that I recommend the author simply tell the person that he/she will call the police if the books are not returned.

Most people will work with you to conclude a disagreement if you simply call their bluff and show them that you are serious.

The author's post has a sense of urgency, due to his/her troubling financial position. (Note that the amount is only $153.99).

studentneedhelp will be best served by using a little tactful force to get the books back...certainly not by waiting close to a year for a trail date and spending more than $50 in court fees just to get the chance to offer his/her case.

For instance, studentneedhelp has the person's employment information...he/she could go to where the person works and drop off an invoice for the amount.

Either way, going through the courts on this one to recover such a small amount is clearly not the best answer.

You mean for them to go to the persons' place of employment to harrass them over some money? Surely not. This is a legal advice site, not ways to trick someone to pay you site.

Since when

And exactly when did dropping off an invoice become harassment? Perhaps you'd be correct if I said to drop off an invoice weekly until the books were paid for...

The advice here is to find an alternate method to find satisfaction. Going through the courts on this will not help studentneedhelp (small claims takes to long and the return from a case in his/her decision will only net $100 - possibly less if studentneedhelp is not a salaried employee) and there is no reason to clog the system even further.

studentneedhelp said:

hi, i work at a computer bookstore and i allowed a customer to take two books based on a verbal agreement that he would pay for them the next day. i made sure that i wrote down his personal and work information - both which i verified. also note that my friend was present when he agreed to pay for them. if he decides to bail, is there legal recourse i can take? the amount of the books came up to 153.99 - it's a small amount but my manager told me i'd be responsible for the amount and that's a lot to a starving student. help!

Click to expand...

**What is the name of your state?

nicolia said:

Where did I make any specific recommendation to enlist the aid of police? If you read correctly, you'll note that I recommend the author simply tell the person that he/she will call the police if the books are not returned.

Click to expand...

Oh, so when you said, "let him know that you will have no choice but to involve the local police if he doesn't pay for, or bring back, the books.", you really didn't mean it. And you expected us to somehow read your mind (or intention)?? Sorry, but that old crystal ball still isn't back from the shop. Simply, if you mean something, say it. And if you don't want your statements to be misunderstood.... be clear. All you would have had to say was "Gee, not really!". But instead, you get pissed off because I took your statement for what it was..... incorrect.

Most people will work with you to conclude a disagreement if you simply call their bluff and show them that you are serious.

Click to expand...

And of course, you have no FACTS to base that on.

studentneedhelp will be best served by using a little tactful force to get the books back...certainly not by waiting close to a year for a trail date

Click to expand...

First, I assume you meant TRIAL date (not trail date!). Second, I don't know where you live, but I have NEVER heard of a small claims hearing not being scheduled within a month of defendant answer to a suit. And before you whine 'not true', this would be a no-discovery, no-delay hearing.

Either way, going through the courts on this one to recover such a small amount is clearly not the best answer.

Click to expand...

And your wrong. In fact, threatening to call the police, or suggesting that the OP confront the person at work is pretty inane. The best LEGAL answer is to try to negotiate payment, and absent that, considering a lawsuit.