How to protect myself from being sued

[Effi]

What is the name of your state? New York
I received some items from a person to sell on the internet. I ended up not selling anything because relations with this person deteriorated. The person has asked for the items back. How do I document that she receives everything back in it's original condition so that she does not come after me later and claim things were missing?

I thought I would do an inventory of the items and have the person sign it when she picks them up. But what do I do if she refuses to sign the inventory? Should I not release the items? This person is currently suing my partner for $80,000 and I do not trust her. Thanks.

 

[I AM ALWAYS LIABLE]

What is the name of your state? New York
I received some items from a person to sell on the internet. I ended up not selling anything because relations with this person deteriorated. The person has asked for the items back. How do I document that she receives everything back in it's original condition so that she does not come after me later and claim things were missing?

I thought I would do an inventory of the items and have the person sign it when she picks them up. But what do I do if she refuses to sign the inventory? Should I not release the items? This person is currently suing my partner for $80,000 and I do not trust her. Thanks.

My response:

Your original question is a bit "loaded." It's like asking, "How can I protect myself from getting into a car accident?" The easy answer, of course, would be to never drive a car.

So, before we get into your other questions, we'll need to know a little more information from you - -

1. Was there an inventory of the items you signed before you took possession?

2. Was there a written contract signed by you, and if so, what are some of the highlights of the agreement?

3. Was there an oral agreement, and if so, what was your understanding?

4. Are these seasonal items; e.g., Valentines Day items? Please explain if they are, or if they are not.

There may be more questions by us before we can get into the answers of your specific questions, but these should be a good start.

IAAL

 

[Effi]

1. There was no inventory included with the items.
2. There was no contract.
3. The understanding is that I would sell the items, records and cameras if I thought there was some value to them.

Again, my concern is that after she picks up her items, she will come back to me later and claim that there are items missing, or that they were damaged. I am returning the records and cameras in the same condition that I received them, but it would be a my word against hers. There are approximately 150 records and 4 cameras.