Legal Question in Business Law in Georgia

My wife and I bought equipment for our bakery from a supplier in South Carolina. He had a return policy and when we called to tell him about missing parts within the equipment he said he would make it right. We tracked down the parts and called to have him order them and now he is asking us to bill him for the parts or return the equipment and he will refund our money. I do not believe he will pay if we bill him. Can I take him to small claims court?


Asked on 1/20/11, 10:00 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You mention a return policy, but fail to tell us what it is. If he is offering to honor a return and refund your money, or to reimburse you for repairs, why would you think it makes any sense at all to file a lawsuit? Lawsuits are not generally filed because of what you think might happen in the future, and here, it is likley the other party will have fulfilled his obligations by offering a refund or reimbursement. If you file a lawsuit, you might find yourself writing a check for sanctions and his fees and expenses in defending.

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Answered on 1/25/11, 10:13 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Nothing in your post indicates any basis for a lawsuit. You can't sue someone for what you think he may not do.

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Answered on 1/25/11, 7:02 pm


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