Legal Question in Credit and Debt Law in Georgia
Statue of limitation?
I bought a bum gas scooter online from an out of state retailer. Received shoddy bad parts and service. Took case to my credit card company, and received cancellation of payment from credit card company. Retailer now threatens legal action. I still have possession of product. Is there a time limit until I can do away with it, or do I have to hold it until the company decides to pick it up. Again they are out of state, and it's been 1 1/2 years.
2 Answers from Attorneys
Re: Statue of limitation?
Since we have not seen your contract there is no way for us to know if you are in the right or wrong (if you bought it as is, you are in the wrong).
Regardless, when you cancelled payment, you probably had a duty to return the item, and disposing of it could likely lead to a lawsuit (and, depending on your contract even criminal charges).
Re: Statue of limitation?
You failed to state the terms of your agreement when the bought it. If you bought it "as is," or the retailer otherwise has a different version of the facts, they can sue you. If they are currently threatening a lawsuit, it likely would not be a good move to get rid of the product.
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