small claim

[angelsbirdcage]

harrisonville missouri
a man purchased a pool table from me for $100.00. he paid with a check. i gave him 1 week to pick the pool table up. i cashed the check that evening. the next day he called me and told me he dosent want the pool table..i told him i already cashed the check and the pool table is his...i need the man to get the table. can i send him a registered letter telling him to get the table with in 5 days of when the letter was posted. if he does not...he will forfeit the table..it will then be mine again..he looses the table and the money...am i correct..if not..what do i do....he says he will take me to court if i dont give him his money back,,,help

 

[JETX]

Right idea... but you need to be a little more tolerant.

Send him a certified RRR letter. In your letter, detail the purchase specifics: amount of sale, payment in full by check and amount, whatever was agreed as to his taking possession of table, his subsequent attempt to rescind sale, not accepted. Advise him that he has "x" (5, 7, 10??) days to contact you to make arrangements for taking possession of property. Include that if he doesn't contact you, the full amount paid will be applied to storage fees and inconveniene and further, that his failure to arrange for possession will be considered abandonment and the property will be subect to resell without recourse.

 

[I AM ALWAYS LIABLE]

My response:

He's an adult. He entered into a contract. It's binding. He can't rescind the contract. There are no "crossed fingers" or "Kings X" or "Time Out's" in contract law.

The contract is firm.

Write him a letter but, to be on the safe side, give him at least 30 days to pick it up. Send the letter by Certified Return Receipt mail, and keep a copy of the letter with the Certified number written on the letter at the very top.

Then, when he fails to pick up the pool table, a judge will inform him that he "abandoned" the contract and pool table. In other words, you'll be able to sell it, or donate it to GoodWill if you want.

Great !

Let him sue you ! Small Claims court is a lot of fun - - we're not talking about a million dollars here, and it's even more fun after you win !

You'll love it. And he'll have egg on his face when he tries to explain to the judge why HE breached the contract.

You'll get to laugh at him in the hallway of the courthouse, then in the elevator, then as the two of you walk out to your cars in the parking lot !

IAAL