Legal Question in Criminal Law in New York

Refusing to pay for item as agreed

I had a women I met online visit me from California on 9/20/06. While here, she agreed to purchase a laptop computer from me for $295.00. She gave me $60 and promised to pay me in monthly installments. She left 10/8/06. Now home, she refuses to pay me saying she is accepting it as a gift. I paid $150.00 by personal check to her as partial payment for her trip here and while I did not give her the laptop, I did give her as gifts a portable CD player and various copies of music of mine on CDs we listened to while she was here. Because I told her I wasn't as interested in carrying on a long distance relationship, she is angry at me and refuses to pay the balance of our agreement. I have nothing in writing. Am I at a loss to recover? I have told her I would refund her $60 deposit she gave me as well as pay the shipping costs to send the laptop back to me, but she refuses. Do I have rights here? As far as I'm concerned, she has stolen the item and taken it across state lines in returning home. Your assistance in explaining any rights or course of action I can take to recover either the laptop or funds due would be appreciated.


Asked on 12/13/06, 9:50 pm

2 Answers from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Refusing to pay for item as agreed

While I mostly agree with my fellow attorney in his reply, I would consider this one a "learning experience" and suggest you put it behind you. Surely you have better things to do than pretend to be interested in maintaining a friendship with someone who defrauded you in the hopes that she will eventually do the right thing. Move on and be more cautious next time you decide to sell something.

Good luck!

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Answered on 12/15/06, 12:47 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Refusing to pay for item as agreed

While your analysis is correct, you will have a number of problems implementing any action for recovery or payment of the laptop.

The lack of a writing will discourage a DA from prosecuting and the distance and amount make a civil action impracticable. The costs of a civil suit include a 45 dollar filing fee, a service of process fee of approximately 75, and no guarentee that she will have a job to collect themoney from after you win the lawsuit by default.

This may be one to satisfy by staying in contact with her in the hope that maybe this is just a 'misunderstanding'.

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Answered on 12/13/06, 10:30 pm


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