Customer refused to pay

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

I am a manager at a furniture store in Northern California. I made a sale to a customer in January on a few pieces of furniture and it was delivered a week after purchase in Jan. Customer did not like two of the pieces and I offered to order new ones and replace it for him. At this point, customer still has $200 balance on the invoice for the furniture. I called numerous times to try to schedule a time to go over and replace it. Finally this past week, April 11th, he called and asked about the replacements. I scheduled it for this past Saturday April 16th, he still did not like it so I offered to replace it one more time or take it back so there is no losses in our part as well as his. I was very nice and calm throughout the whole process even when he became aggressive and used profanity over the phone.

This time, he refused to pay as well as let my delivery driver take back the furniture. I have a feeling that he just doesn't want to pay for it but I know I can't prove that.

My question is, what can I do legally and following all rules/laws to retrieve my furniture that he has not pay for?

Thanks in advance for all the help.

well, I would stop talking on the phone (ya rotten SOB lol) and send a demand letter asking for return of the furniture of the $$ for it.

If not acceptable, then small claims would be in order. You can ask for either cash (recommended) or the furniture back from the court.

You can write the demand letter .. your businesses attny would have to file the court papers and go to court.

Worth the $$, maybe .. you just cannot let people steal your stuff, right?

Attnys fees are not recoverable unless your contract says it is.

Unless you simply want to write this off as a discount, sue him for the balance.

Thank You

Thank you for your response. I have never dealt with customers like this before and I have nothing but good customer service and reviews on my business.
I was also thinking of criminal complaint of some sort with our local police department, do you guys think that can work also?

The reason why I want to do something about it is because I don't want him to think that he can do that do anybody. I have already considered this a loss because of all the time and labor but I feel like doing something within the legal system is the last I can do to teach this guy a lesson.

His family has been my customers and the mother is great, such a shame to have a son like this one.

Thanks again guys

=ckyiu516;2796314]department, do you guys think that can work also?

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No. From what you have stated, it would appear the buyer is simply trying to enforce some self determined discount. I suspect the police will simply tell you it is a civil matter.

So, either send a demand letter or not. If you do and do not get a positive response, file a suit in small claims court.

Thank you again

Thank you very much and I really appreciate all of your help. I am trying to solve this issue the most civil way possible.

And yes, the first time he called back, he asked for a discount because the furniture wasn't for his liking. And I simply declined because we had already given him a generous discount since his other families had purchased from our store before. It feels like he wants more discount but I just can't prove that.


Thank you everyone.

One more Question

In the letter requesting for the money or item back, Do I set a 30 day notice? Do I have to notify them that if they don't comply, I will take them to court?
Are these items that must be stated in the letter?

Thank You

You do not have to give them any notice if you don't want to. If you want to send a letter and allow some time period, the period of time allowed is up to you. You do not have to tell them you are going to sue them should they refuse to pay but part of a demand letter is to scare them into acting. As such, letting them know you intend on filing suit should they not comply with the demand for payment would be a point to include.

Thank You

Thank you Justalayman

I will write a letter and see if they reply.