Legal Question in Civil Litigation in California

Refusal to Return Item After Repairing it for Free

The person received the damaged item on April 14. However its now September 14th and I've never received the item. On Monday September the 5th I stated my frustration of the whole situation on a popular collectible hobby messageboard.

Apparently he read my statement on this messageboard and called me on Saturday September 6th, he was very rude towards me accusing me of slandering him which is not true and then preceded to tell me that my item was repaired and that he was going to ship it on Monday September the 8th.

On September the 9th I receive another call from this person and he now gives me a new story, he tells me that I have to come and pickup the item personally myself. He then says that his lawyer wants me to sign a waiver and release form stating that he is not responsible for the item. He told me that I have to be there in person to sign it so that he has a witness.

However, we never originally agreed on me picking up the item myself. I have proof from him personally through a conversation on his own messageboard that he stated he would ''repair the item and have it sent out right away.

Can I this person sue for return of the item or its value? Is an agreement through a messageboard legally binding?


Asked on 9/14/08, 5:56 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Refusal to Return Item After Repairing it for Free

Everything he's telling you is BS and you'll need to sue in small claims court for the item or its value. Be sure to post the true facts, and only the facts, to the messageboard.

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Answered on 9/14/08, 6:09 am


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