can i lose this case? please read

[neck]

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

i own a computer shop and fixed a laptop (motherboard repair) $150 gave the option of replacing motherboard and did not want to to we just repaired it gave customer 30-day warranty 3 months later he returns and says its still giving him problems he wants to replace the motherboard ok so we charge him the difference about $100 and replace it give him 30-day warranty...10 days later(today) i get this

"Please be advised that ******** owes me 320.33 because of the promised to repair. and then replace, my personal laptops motherboard was not completed during four separate visits. the above amount includes service fees and added travel expenses."

he then goes on saying that hes going to small claims court if this is ignored and not paid. etc.

so my question is can he sue me for this?
it kinda seems like he is saying we never replaced the moth...the motherboard was repaired the first time then he came back and wanted it switched out so he would not have any problems we then replaced it i have proof like receipts we paid for moth/tracking numbers/dates for warranty and even his old motherboard so with all this proof if he does sue me im sure he wont win right?

so then can i counter sue? and if i can for what? wasted time/damages? please adviseWhat is the name of your state (only U.S. law)?

 

[justalayman]

of course he can sue. If he can win is the real question.

If you replaced the MB as contracted and the unit works, I'm not seeing it being a winner of a case for him.


as to you countersuing: not for the reasons you gave.

 

[neck]

thanks for the reply it is greatly appreciated


as far i know the motherboard should be fine and still working it was replaced on the 2-10-12 the company i bought it from gave me a 60-day warranty i gave the customer 30 just to be on the safe side he did not call me and say they were any problems with it just e-mailed me a letter threatening to sue if i didnt pay him....




this is my response i have not sent it to him yet not sure if i should?


Hi *****
Go ahead and pursuit any actions you feel comfortable..we repaired your laptop on 11-23-11 and did not charge you 40.00 to check it since you decided to repair it we gave you a 30-day warranty with the rapair CLEARLY stated on your receipt,
your warranty was over when you brought the laptop back on 2-10-12 when you decided tou wanted more to done and to replace the motherboard but instead of charging you the full 265.00+ shipping+ installation which you should have been charged for replacing the motherboard since your warranty was over.
being nice I gave you credit of 165.00 which you paid in back november and we took the loss of shipping and man hours on installation to try to keep you happy as a customer it is now 2-20-12 10-days later you are threatening to sue i told you there was 30-days warranty on the motherboard if there was something wrong with it to bring it back you have not called and said anything is wrong with the motherboard. you are falsely claiming that the motherboard was not fixed if that is the case when you picked it up on november 23 2011 we had you check it you said " its fine thanks" and then you paid then why did you pay if it was not fixed?
...you are falsely claiming we did not replace the motherboard 3 months later which we did, we have the receipts, dates and tracking numbers when we bought the motherboard it was replaced and we have proof and our motherboards are specially marked in-case of tampering(which voids warranty btw) and you only came 2 times i do not know where you are getting 4 separate visits from please stop making false accusations and you are no longer welcome here for future business.

 

[Banned_Princess]

thanks for the reply it is greatly appreciated


as far i know the motherboard should be fine and still working it was replaced on the 2-10-12 the company i bought it from gave me a 60-day warranty i gave the customer 30 just to be on the safe side he did not call me and say they were any problems with it just e-mailed me a letter threatening to sue if i didnt pay him....




this is my response i have not sent it to him yet not sure if i should?


Hi *****
Go ahead and pursuit any actions you feel comfortable..we repaired your laptop on 11-23-11 and did not charge you 40.00 to check it since you decided to repair it we gave you a 30-day warranty with the rapair CLEARLY stated on your receipt,
your warranty was over when you brought the laptop back on 2-10-12 when you decided tou wanted more to done and to replace the motherboard but instead of charging you the full 265.00+ shipping+ installation which you should have been charged for replacing the motherboard since your warranty was over.
being nice I gave you credit of 165.00 which you paid in back november and we took the loss of shipping and man hours on installation to try to keep you happy as a customer it is now 2-20-12 10-days later you are threatening to sue i told you there was 30-days warranty on the motherboard if there was something wrong with it to bring it back you have not called and said anything is wrong with the motherboard. you are falsely claiming that the motherboard was not fixed if that is the case when you picked it up on november 23 2011 we had you check it you said " its fine thanks" and then you paid then why did you pay if it was not fixed?
...you are falsely claiming we did not replace the motherboard 3 months later which we did, we have the receipts, dates and tracking numbers when we bought the motherboard it was replaced and we have proof and our motherboards are specially marked in-case of tampering(which voids warranty btw) and you only came 2 times i do not know where you are getting 4 separate visits from please stop making false accusations and you are no longer welcome here for future business.

dont forget to spell check.

 

[ecmst12]

Spell check is not going to be enough. Please hire someone that can actually communicate in proper English to write this letter. A lawyer would be best, but even a secretary could come up with something legible.

 

[Banned_Princess]

Spell check is not going to be enough. Please hire someone that can actually communicate in proper English to write this letter. A lawyer would be best, but even a secretary could come up with something legible.

I stopped reading at the first misspelled word. like 3 words in.

 

[neck]

sorry guys please do not bash me too hard lol...i did not spell check it, i wrote this very hastily and it is not the final draft/done writing nor am i too sure if i am going to send it that is why i asking for advice...please be kind and stay on subject please

 

[Banned_Princess]

sorry guys please do not bash me too hard lol...i did not spell check it, i wrote this very hastily and it is not the final draft/done writing nor am i too sure if i am going to send it that is why i asking for advice...please be kind and stay on subject please

you can just as easy ignore this letter. Personally I would have just thrown it out, and if the dude came into my store I would throw him out as well.

if you get served with a court complaint, answer the complaint that you are a business, and your receipts are clear, your records show he came in 2x, and both times you fixed the computer to his satisfaction.

if you must answer this guy, call around and find a lawyer to write an official letter for you. it should cost like 50 -100$ that would probably put an end to that.

 

[swalsh411]

I wouldn't even reply to this former customer. It will just get him worked up.

 

[neck]

thanks again for the great advice i am not going to reply hopefully he will just forget about it...you guys made me feel alot better and at ease thank you

 

[neck]

no answers

 

[Zigner]

thanks again for the great advice i am not going to reply hopefully he will just forget about it...you guys made me feel alot better and at ease thank you

no answers

Did I miss something?

 

[Willlyjo]

you can just as easy ignore this letter. Personally I would have just thrown it out, and if the dude came into my store I would throw him out as well.

if you get served with a court complaint, answer the complaint that you are a business, and your receipts are clear, your records show he came in 2x, and both times you fixed the computer to his satisfaction.

if you must answer this guy, call around and find a lawyer to write an official letter for you. it should cost like 50 -100$ that would probably put an end to that.

Your statement that the computer was fixed to the satisfaction of the customer is a bit glaring.

Obviously, the customer wasn't satisfied and that is why he came back twice and is threatening to sue subsequent to that. A little common sense is in order here.