Legal Question in Consumer Law in California

I sold a bedroom set for $2000. The buyer gave me $1800 cash on Aug 2nd and asked if it was okay to mail me a check for the balance of $200. My genius husband made a verbal agreement because the couple seemed nice and my husband actually drove to their home to deliver the furniture. It's August 11th and I have yet to hear from the couple. I sent an email to them on the 9th and early this morning. I'll have my husband give the man a call later today. If I were to go to small claims court, could I have a case?


Asked on 8/11/10, 7:54 am

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

You have a case, but you also have a challenge in proof. How would you show that there was a meeting of the minds regarding the $2000? What would they say? There might be an explanation as to why the check has not yet arrived 9 days later. If they refuse to pay the $200, you might consider comprise of $100.00 to allow them to escape further troubles in court. Even if you win, and consider the time to manage the court case and appearance, you should consider how likely it would be for you to collect the $200.00 and how much that collection might cost. In the end, it might not be worth your efforts.

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Answered on 8/16/10, 9:14 am


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