Legal Question in Civil Litigation in Utah

Going out of business sale

Recently a company I worked for was going out of business and sold everything at an office sale, high end objects, desks, computers, copy machines etc. A person purchased quite a few items and decided that they thought the products were missing pieces and that some of the equipment did not work. We considered the sales final and refused to accept them back but the person stopped payment on their check or let it bounce , whichever and it was returned unpaid. She also brought everything back. Our bank had given us immediate credit and the funds were partially used creating a deficit once the check returned. the bank immediately called the person who wrote the check and in turn she has been angry and thinks I am harrassing her. I have paid most of the check amount to the bank but there is still a balance owing, we were going out of business and funds were tight so I did the best I could but the bank keeps calling her and now she said she will sue me if I can't stop the harrassment. Outside of making payments until satisfied to the bank is there anything I need to know or do I need an attorney? I cannot afford one at this time. The bank has said that I did something fraudulent and has said the same to her making her more angry


Asked on 10/17/06, 12:36 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Going out of business sale

Assuming the property was sold "as is" or without warranty, the buyer wrongfully stopped payment and can be required to make the check good, plus attorney fees and court costs. Do not dispose of the returned property and file suit in small claims to get your money, or talk to an attoney.

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Answered on 10/18/06, 1:01 pm


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