Legal Question in Credit and Debt Law in California
I purchase a piano from a private party almost three weeks ago. I paid cash and he gave me a receipt. He said he would call the next day to arrange delivery via piano movers. He called about six days later saying he was out of town on business. He has never answered his phone and the message box is full. His latest call to me a week ago said his wife has cancer and he's been dealing with that. He said he'd call in a couple of days, but of course he didn't. He indicated he might let his condo go into foreclosure so he could buy a bigger place and I'm worried that he just wanted my money. Can I get the Sheriff's to get me access to the piano to move? I'm not sure if this is Collections, Debt or Property law.
1 Answer from Attorneys
You would have to obtain a Court order to involve the Sheriff to take the piano from his premises. You can file a police report and indicate that he has refused to deliver the piano to you (make it available for moving), but they are almost certainly going to tell you this is a civil matter, and you need to take the seller to court. Depending upon what you paid, you can take the seller to Small Claims Court, which will give you a money judgment. Alternatively, you can sue the seller in Superior Court seeking an order for him to turn over the actual piano. Unless, however, the piano is so unique that you cannot be monetarily compensated for its loss, you will probably only get a money judgment which may be hard to enforce with someone like this. The story about letting his condo go into foreclosure to buy a bigger house doesn't even make sense, so I think you are dealing with someone who is less-than honest. Good luck.
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