Legal Question in Credit and Debt Law in Florida

Do we owe for damaged merchandise?

We bought furniture from a large furniture store chain in our state. When we received one of the pieces, an entertainment center, it was damaged. We called to complain and they sent out an inspector. He agreed it should be replaced. The store scheduled a replacement three different times over a three month period and never showed any of the scheduled times. We finally told them we wanted to return it and they refused to send a truck to get it.(It hadn't been paid for yet because it was 90 days same as cash). Finally, we said if they would give us a 10% discount ($100 off), we would keep it. They tried to haggle and only would go to $75. We refused and said we would pay the bill in full minus the $100. We sent a detailed letter to corporate to get it straightened out (per their directions) and never heard from them. We finally wrote a check for the whole amount and subtracted the $100 and wrote ''account paid in full - damaged merchandise'' and they cashed it by the due date (it was not delinquent). Now their credit dept keeps sending us bills for the $100 and tacking on interest and calling us daily. Did we cover ourselves? Thanks for your help.


Asked on 4/13/02, 11:09 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Do we owe for damaged merchandise?

You did the best you can. Resist payment. If sued, be sure to defend it. If a 3rd party collector gets involved chances are you may get a vaild FDCPA claim against it. If you are sued seek counsel to represent you.

Read more
Answered on 4/15/02, 7:20 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida