Legal Question in Civil Litigation in Illinois
collections
After writing a company concerning a product I purchased twice and returned twice from a local store because it did not work properly, I received another of the products in the mail. I did not request the product and it did not come with a bill. My account was never debited and I assumed the company sent it as a goodwill gesture because of my troubles. I wrote them a thank you and never heard back. Almost a year later I received a phone call from the company trying to collect the money for the product they said I purchased. I asked them to produce an order form or some other records showing that I had orderd the product. They said they did not have any such records, but insisted on being paid. I told them I would not pay for the product but I would return it. They would not accept my offer and demanded the money again. I know I am morally obligated to return the product that I now know they did not intend to give me, but am I legally obligated to pay for it?
1 Answer from Attorneys
Re: collections
Do you have a copy of your thank you note? Is it time stamped? If so, you could argue that the company is barred from seeking payment on the basis of your reliance on their silence. You should send the product back now, with some sort of tracking so that you can prove that it was sent back. Send it with a letter, stating that you thought it was sent as a customer relations gesture and now that you have learned that it was not a customer relations promotion, you are returning it. If they reject the proiduce, keep it packaged with proof that they rejected it in the event you ever go to court. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
