Legal Question in Consumer Law in Pennsylvania
Sold used equipment, Money Order cancelled.........
I sold a slightly used windshield repair kit to a guy that was located in another state (PA). We agreed on a price and I shipped the kit COD as per his request. After he recieved the kit we had a dispute over one of the components of the kit that was non essential. He felt that I was trying to cheat him out of his money so he canceled the money order for the COD and kept the kit to ''teach me a lesson''. I have all the emails in this matter as well as phone messages admitting to stop payment of the money order. I also have photos of the condition of the kit when I sent it to him and the stopped check. Where do I stand in this whole matter?
1 Answer from Attorneys
Re: Sold used equipment, Money Order cancelled.........
You asked about potential remedies where a person stopped payment on a money order in payment of a purchased goods.
This is a classic scam. People think just because a party is selling something that offer a guarantee. They don't. Private party sales are ALWAYS "as is" UNLESS the selling party agrees otherwise in writing.
The purchasor had nor right to stop payment on the momey order. You have the right to collect on the money order and often the fees to collect that money order, such as any bank fees and possibly attorney fees and court costs. Further, stopping payment on a negotiable instrument without sufficient cause is a crime.
You have a few options. But first of all, you may not threaten the party at all, do not tell them anything that may happen. You can pursue this matter in small court, you may see if your local police will pursue this as a bad instrument or you may report this to the agency issuing the money order. Needless to say Postal Money Orders have the greatest chance of being satisfactorily recovered. But all agencies have a means for settling disputes.
Hope this helps. Go get him.
Regards,
Roger Traversa