Legal Question in Civil Litigation in Louisiana
purchased a used refrigerator from someone and wrote a check for it. I plugged it in and even two days later it wasn't cooling correctly. I sent a text to the man I bought it from and told him it wasn't cooling correctly and told him I wanted a refund. His reply also came in a text. He told me "Yes, as soon as I get off work." He never called or texted me back, nor would he answer my calls. I called my bank and the check hadn't gone through yet, so I paid $35 to stop payment on the check. The next day, when I saw that I had indeed been charged the $35, I knew the check had been "stopped." I then texted the man back and told him that I had stopped payment on the check and that he could come pick up his refrigerator. He replied immediately telling me he did not want the refrigerator, that he wanted the $175 in cash or my check would be at the DA's office by Monday. In turn, I told him that he would need to pick up his refrigerator by the following Sunday (5 days) or it would be gotten rid of because I was not going to act as his storage facility. I explained that he and his sale were dishonorable and that I wasn't trying to be....I just didn't want his refrigerator that didn't work and wasn't going to allow him to keep my money. I ended up purchasing a new one with a warranty. Now, Sunday has come and gone and the refrigerator in question is still sitting on my front porch!!! UGH!! I spoke with the DA's office and the man can't turn the check over to the worthless check division as he is claiming because they don't handle stopped checks due to disagreements between seller and buyer. He said he's going to hire an attorney. My question.....since I have all of the texts showing where I tried to resolve this, and where he has said he does not want the refrigerator....can I lawfully get rid of it? I want it off my porch and don't think I should have to load it up and deliver it back to Baton Rouge...what would I do with it if I did? Drop it off on his patio? There could be an altercation if he were home. I want to do what's right, but will not pay him for the refrigerator....and I want it gone. Help!
1 Answer from Attorneys
You essentially have three options:
1. Give the man notice that you are about to throw the appliance out if he doesn't pay, then do so after having given him a reasonable time to come get it.
2. Give him notice that you are going to start charging him storage fees if he doesn't pick it up and keep it long enough to negate any possible claim he has against you.
3. Bring it back to him.
I would do the first option myself. Give him notice and then toss it if he doesn't come get it.
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