Legal Question in Credit and Debt Law in New York
State to state sale of equipment
I am in Colorado. Approx. 2 months ag, via e-mail, I made arrangements to sell 3 pieces of my equipment to a fellow in New York for the amount of $10,500.00.
Our agreement was I would send him 2 of the 3 pieces via truckline (freight collect and c.o.d collect). He would then later make arrangements to get the third piece of equipment to N.Y..
He accepted the delivery of the 2 pieces of equipment and I recieved my check in the amount of $10,500.00. Shortly after he stopped payment on the check. His reason for the stopped check was that it was too expensive to get the 3rd item to N.Y. (Later I found the means to get the 3rd item to N.Y. at a price he suggested - he refused).
We have remained in contact via e-mail. I would like to end this matter by: 1.) origingal agreement in the amount of $10,500.00; 2.) he purchase the 2 items he currently has for $5,000.00; or 3.) he returns the 2 items to me.
He has refused any of these possibilities. I think any of his offers are absurd.
At last conversation, I demanded the return of my equipment...... he refused.
How do I solve this problem? By lawyer, collection agency, ... ?
1 Answer from Attorneys
Re: State to state sale of equipment
In answer to your question you could use either a lawyer or collection agency. However, this person may ignore a collection agency. You should explore the costs of each avenue before deciding.
You can sue the person in Colorado, because he did business with a person in Colorado. However, you will have to find a way to serve him in New York. Then even if you get a judgment you will have to go to NY to find his assets and collect the amount.
You can of course bring suit in NY too, but that would be more expensive for you. You have to prove the existance of a contract, the terms, and the breach thereof. Any documents you have or saved emails will help.
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.
