Question-am defendant in small claims court

[happycow]

I own a retial mattress store. A customer bought a custom item from us and is now suing for a refund five months after the purchase. We do not offer any sort of an exchange or refund policy on custom orders, although we offered to exchange the mattress for this customer early on in this dispute (she refused). The customer has been very unreasonable, changing her story regarding the product, saying that she liked it, then she didn't, then it was uncomfortable, then it was inferior quality, and finally it was defective. We immediately sent her complaint to the mattress manufacturer, as they are responsible for replacing defective products (although we know it is not defective). We have followed up with them, yet this customer continues to alienate every single person with whom she comes in contact, both at my store and from the mattress company, and refuses to comply with the requests made by the mattress company to resolve her complaint. We are a retailer with a sparkling reputation for over 10 years, and now we are being sued for reasons that do not make sense to me. How do I counter this? Any suggestions would be greatly appreciated. I have never been to court for anything like this before.

 

[tamwham2]

questions

1, do you have any thing in writing that states your customers will have a certain amt. of days to report any problems.

2. what info has she provided you in writing?
3. have you written her any letters?

4. when was the very first time she notified you of a problem (verbal or in writing )

5. could she ruin your company's reputation is she isn't handled properly?

6. is she worth this aggervation, maybe refund her and get this monkey off your back. be sure to get your product back.

7 has she done business with you before?

8 how did she pay, check, credit card, cash?

9 has the mattress company supplied her anything in writing or you just the go-between person.

10. do you have good doucmentation?

tamwham

 

[JETX]

You asked, "How do I counter this?"

Very simply. Assuming this is small claims court, you show up as scheduled and bring your entire records on the transaction. (I would suggest you sit down a few days before and create a timeline of contacts and results).

Then, defend yourself. It sounds very clear that she will have a hard (or impossible) time proving her case (whatever it will be) or that she is due a refund after 5 months.

 

[happycow]

Reply to TamTam

To answer your questions:
1. Yes. We have a comfort exchange policy posted on the wall of our stores right by the sales desk, and mention in on the back of each person's invoice. But this items did not qualify for such an exchange.
2. She first stated that she thought the lower profile boxspring she thought was of inferior quality (which it is not - I had a reprsentative of the company making the product call her to inform her of that), yet she also stated that she liked the way the bed felt. She then wrote another letter at a later date saying she just was not happy and wanted to return the bed.
3. I responded to each letter staing that I had passed along the information that she did not think the product was of good quality to the mattress manufactuere, and I also again told her that her itme does not qualify for a refund.
4. She has been in my store over 20 times! The first day she had it she said it was uncomfortable, then the second day she came in to tell us how much she liked it. Her opinions change like a manic's. She contacted us in writing about one month after receiving the bed.
5. No - I would sue her for slander.
6. There is no value in a used mattress set. Would you buy one? We bend over backwards to help our customers, but what is right is right, and she is being unreasonable. In effect, I liken her to a small child throwing a tantrum to get what she wants.
7. No. But she works in the store right next to mine!
8. Can't remember off the top of my head.
9. I am a go-between, as we have nothing to do with a product that may be defective. We can only be sure that we did not misrepresent the product and that we did not deliver a defective product. The mattress copmpany has initiated their inspection process, but she does not cooperate with them, hence she is making things more difficult for herself on that end.
10. I have her letters and mine, and I would be able to get statements from eveyone involved who has dealt with her.

Thanks for your time! HC

 

[happycow]

Reply to Halkert

Thank you for your reply. I appreciate it. Do you know if the Uniform Commercial Code applies to this sale, where I can not be required to give a refund if there is nothing wrong with a product?

Thanks! HC

 

[JETX]

The UCC applies to all sales unless superceded by a more strict local or state provision. But why are you worrying about how to defend yourself against a claim that can't be proven???

The judge will ask her to present her case for a refund first (which she can't prove). He will then ask you to present your defense. You will simply say as you have here... she purchased the mattress. It was a custom order. Sometime (when??) after the purchase, she claimed that she was unhappy and you offered a refund (which you were under NO obligation to do, but offered as a good 'merchant'). She refused your offer and decided that she was satisfied. Then, later (when?) she again changed her mind and asked for a refund making several unfounded (and changing) claims. Get a letter from the mattress supplier as to their dealings with her. Then, say that at this late date (after FIVE months), she has again asked for a refund which you rejected.

I predict that the judge will then look at the plaintiff, shake his head (maybe even laugh) and say "Case dismissed".

 

[happycow]

Reply to Halkert

Thank you very much again for your help. I really appreciate it!