Legal Question in Credit and Debt Law in Delaware

Dissatisfied customer stopped check

Customer purchased several items and was very pleased at the time of purchase, even exited. A book for $80.00 and several other items totaling $147.00. Two days later she called our business and claimed we overcharged her for the book...that there were 2 different prices in the book. Because we write book prices in pencil so as not to have any permanent sticker on the books (some are vintage books as this was) and becuase she did not live close by, we asked her to return the merchandise at our expense and we would check her issue out. She refused and stopped payment on the check. It was an out of state check. We have written her a very nice letter giving her that same option. If we don't hear from her, what are our options to recover the $ or merchandise? Will the local authorities help..if so, her state or mine? Any good advice would be appreciated. mg

Asked on 8/08/07, 12:07 am

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: Dissatisfied customer stopped check

She bought the items in Pennsylvania and I think that is where your cause of action is because that is where the transaction took place. You may want to go to the nearest Magisterial District Judge and file a civil action. I don't think the Office of the District Attorney would accept it as a "bad check" case but I do think that Pennsylvania would have jurisdiction.

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Answered on 8/10/07, 10:13 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Dissatisfied customer stopped check

I think that accepting out of state checks is a bad idea for that very reason. If she is in Jersey, then you could file in small claims court. If she has any kind of presence here (property, etc.), you might be able to file against her here. But, I would recommend that you write a letter after she doesn't respond to the present letter you wrote (which she won't), advising her that you are referring the matter to collections and reporting the bad check. That should get some response.

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Answered on 8/08/07, 9:05 am

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