Unpaid COD

[MarxAnth]

I'm in NY, I recently sold a computer to someone in OH. I was shipped COD in the amount of $2145. The person received the computer, and paid with a personal check. They stopped payment on the check saying that some had stolen their checkbook, and had managed to withdraw a large amount of money. Since they were out of pocket, we made verbal agreement for a lump sum payment of 400 dollars, and bi-weekly payments to follow there after. I received the 400 dollars, and nothing else. The person has be increasely dificult to contact, and at this point I want my item returned or the money paid in full. Can I pursue them in small claims court?
I have the UPS shipping infomation stating the persons name, address, amount of cod, and that it was recieved. I also have the check that payment was stopped on.

 

[racer72]

You have a very good case and will have to file your small claims action in Ohio, the state where the actual transaction took place.

 

[JETX]

Just some 'random' thoughts...

1) Have you confirmed the 'check theft' story??? Ask them to send you a copy of the documents that they submitted to their bank and/or police department when they 'reported' this incident. I am almost willing to bet that it didn't happen.

2) Some state make it a criminal action to do a 'stop pay' on a check in certain circumstances. You might talk with the Prosecutor in the Ohio county and see if this applies in Ohio.

3) Have you gotten any of these promises to pay IN WRITING??? If not, you need to. At some point in the future, this issue could be forced to litigation and a written agreement will go a LONG way to proving your case.