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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

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Old 12-01-2006, 07:12 PM     #1
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Unhappy help..

I sold a speaker system to an individual who hasn't paid me for over a year; when i paid for the system including taxes and still have the receipt. I have several several conversations through emails from them saying they would pay and saying they sent me a check and that the check has been cashed under my name. They told me what bank it was and made up and excuse that the lady couldn't find any of her statements due to upgrading. I have proof that a check was never cashed in their account, in fact my mother works for the same branch and read up on her account info. I also have proof from my bank statements that i never received the check. They say they sent the check and think i'm playing them, and say i'm the one who needs to find out what happened. There is nothing for me to do. Would the person find out herself what happened with her money? Now they offer to send the speakers back to me without hesitation? Why would they send it back to me if they paid for it? And now they will make me pay for shipping when i paid for the shipping to them and now the system is used. What is there to do here? Do i have a case? Thank you for your time. I really appreciate it. Regards.
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Old 12-02-2006, 12:27 AM     #2
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Default Re: help..

File in small claims and sue asap--that will bring them to the table
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Old 12-03-2006, 12:49 AM     #3
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Default Re: help..

What if they send me back the system?
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Old 12-03-2006, 12:53 AM     #4
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Default Re: help..

They are not allowed to do that--you can still sue in small claims. They bought it and have used it.
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Old 12-04-2006, 05:36 PM     #5
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Default Re: help..

let me quote you what they said;

"i am in school to be a lawyer buddie and even in small claims court if we went i would just say that i am willing to give it back and wella there you go done ...... trust me i wouldnt even have to be there for it so w/e its on its way back ...... if you have it in your posetion you have no grounds to even bring us to small clains court"

What do you think of that?
is this true?
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Old 12-04-2006, 08:52 PM     #6
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No--you cannot get something back a year later with its now diminished value and expect to be satisfied. Guess he won't do well at law school!
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