Legal Question in Credit and Debt Law in California

We are a CA company that does business with contracts -- not all are signed. We created a stone in good faith for a Jewish family that had ordered a stone with us. They put no money down. The stone was ordered but would arrive later than the date the monument was needed by. We created a stone for that service while we waited for the stone to arrive and placed it on the grave. The stone ordered had arrived after the "good-faith" monument was placed. The stone was then removed from the grave (for non-payment) AFTER the ordering party called to cancel (the ordered stone was still here). They made no contact to resolve anything. The customer (who resides in NY) called to complain after the stone was removed and was informed it was due to non-payment. She faxed over a document that we had to sign stating that she would mail a check and we would replace the stone once the funds had cleard the bank. After we had signed and returned said document, I called to find out the status of the check. She informed me that they (she and her brother) were going to go to another moument company. I would like to know if there is any way to charge for the stone's presence (ie: rental?) that was there for over a year and do we just eat the stone that was ordered? I'd like to report her to credit agencies, too -- is that an option?


Asked on 1/29/10, 11:48 am

1 Answer from Attorneys

Bryan C. Becker Your Lawyer for Life.

It would seem that you entered into valid agreement (faxed document), the question is whether you can collect on this. Is the amount in question worth pursuing? I would ask an attorney to review the agreement to advise. The bigger lesson here is that you should review your business practices to ensure this type of situation does not occur again.

Regards,

Bryan Becker

Becker Attorneys

[email protected]

www.becker-attorneys.com

877.201.8728

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Answered on 2/04/10, 9:40 am


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