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Old 09-26-2014, 12:01 AM
 
4 posts, read 4,365 times
Reputation: 10

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I am in need of some advice here. I am being taken to small claims court over 2 cameras which I sold as a pair for $60. Here is the story. I had 2 cameras which I did not need nor use aymore. I posted them to craigslist stating they were being sold as used. This guy calls me telling me he wants to buy the cameras. When he shows up to my house (i know,stupid me) I go over the fact the cameras are used and have some issues but are in working condition. I tell him to look them over to see if he likes them. he does not look through them at all. he said it was fine, gave me the money,and took off. 2 days later he calls pissed off, saying he didn't like the cameras and wanted his money back. I told him i will not refund his money for i gave him no guarantee, no waranty. he knew they were used and had a couple issues and said he was fine with it. so he's texting me all mad and tells me to keep an eye on my mail because he is going to sue me. I say ok, do what you need to do, but please do not contact me anymore. 2 weeks later i get a letter in the mail from Riggs and Abney lawfirm stating i have 10 days to refund his money or i will be taken to court. i am standing my ground however, because i feel i have not done anything wrong to this man. in my opinion, he is experiencing buyer's remorse and wished he would have bought a new camera instead. i have never been sued in my life or been taken to court for any matter. Also, not sure if this matters or not, but in the demand letter, it states it is on behalf of his minor son because it was his money.. I did not speak to the son about the cameras whatsoever, not through the phone and certainly not in person. Again, not quite sure if that will affect anything. I am kind of nervous so any advice would be awesome. Also, I live in Denver.
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Old 09-26-2014, 07:08 AM
 
Location: Lyon, France, Whidbey Island WA
20,834 posts, read 17,100,379 times
Reputation: 11535
There should be a small claims court advisor on the short list on the web. contact them. 60 bucks is it really the principle?
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Old 09-26-2014, 08:17 AM
 
Location: San Diego
50,281 posts, read 47,032,885 times
Reputation: 34064
Sounds like a bluff to me. No one hires an Attorney over sixty bucks.
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Old 09-26-2014, 08:26 AM
 
Location: Wyoming
9,724 posts, read 21,233,609 times
Reputation: 14823
Uhhh... Wait a minute. You live in Denver, CO? And the sale took place in Denver?

Confused, since this is a California forum....
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Old 09-26-2014, 08:28 AM
 
Location: SoCal
6,420 posts, read 11,594,830 times
Reputation: 7103
An additional argument in your defense is that you have no way to know whether the buyer caused any damage to the cameras the night he had them.

But I agree - this sounds like someone playing games. I doubt it'll ever make it to a judge.
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Old 09-26-2014, 10:03 AM
 
4 posts, read 4,365 times
Reputation: 10
oh sorry lol, first time using this site!
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Old 09-26-2014, 02:50 PM
 
Location: Colorado
2,483 posts, read 4,372,004 times
Reputation: 2686
What part(s) of the deal did you get down in writing? Rule #1 of small claims (and other) court: the one with the most paperwork wins. (I agree it sounds like a bluff though… let us know how it turns out)
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Old 09-26-2014, 03:26 PM
 
332 posts, read 632,407 times
Reputation: 514
I'd refund him if he (his kids) didn't like them. It's not worth the stress on either side.
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Old 09-26-2014, 07:53 PM
 
22,661 posts, read 24,594,911 times
Reputation: 20339
UMMMM, I would just give him the 60 bucks back, resell the cameras..... and be done with it.
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Old 09-29-2014, 10:19 PM
 
Location: San Diego
5,319 posts, read 8,984,492 times
Reputation: 3396
Quote:
Originally Posted by 1AngryTaxPayer View Post
Sounds like a bluff to me. No one hires an Attorney over sixty bucks.
I agree.

It would probably have cost him more to hire a lawyer to draft up a letter than the value of your case.

Maybe you should contact the law firm on the letter to see if the letter actually came from them?

And even if he sues you in small claims court, what guarantee does he have that makes him think he will win and not you?

He knew the condition of the cameras when he purchased them, and agreed to buy them anyway.

And to sue you in small claims court, he will need to spend even more of his own money just to open a case against you.

I can't see him going to all this trouble over a measy $60.
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