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HomeOff Topics › Lawyer advice, small claims court.
01-29-2011 07:18 PM  7 years agoPost 1
SPLCHEVETE

rrNovice

Pennsylvania

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I sold this item "woodburner" for 400$ that was on Craigs list. It is over 10 years old. Lady comes w/ boyfriend, they look it over and say well take it. Get it out of the basement and onto trailer. Well she calls me 2 weeks later and say's it has a crack in it and wants here money back. I said it was sold as-is. She claims she is going to file at small claims court. I was completely clueless to the crack as it was inside and hidden behind the brick lining of of the wood burner. WHICH SHE TOOK OUT to make it lighter. Should I be worried if she takes me to small court? Can she even take me? It was a cash deal. no receipt.

also, i used it for 6 years with NO problems, it was in the house when i bought the house.

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01-29-2011 07:41 PM  7 years agoPost 2
Brokenlink

rrElite Veteran

Oakdale

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Don't sweat it bud,she can't do jack about it.She is bluffing you.And if she isn't,let her take you to court,she won't get anything.

Jamie Griffith

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01-29-2011 08:10 PM  7 years agoPost 3
Lomcevek1

rrApprentice

Eagle River, Alaska

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Agreed I have been through the small claims process a few times. Judges can sniff out BS really well.

First thing DO NOT IGNORE A SUMMONS !!
If you do then the judge can issue a default judgement basically saying she wins and you have to pay up.

Second I would get a copy of a small claims handbook, available at your local court and brush up on the procedures to see if she violated any of them. There are a list of things that have to be done before you file a claim and if she did not do them then you can have it thrown out.

All in all I believe that she is bluffing and don't sweat it.

There are some laws for cash only consumer protection but for the most part it is buyer beware.

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01-29-2011 10:42 PM  7 years agoPost 4
A. Bundy

rrElite Veteran

Aurora,IL. 30W/SW of Chicago

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I don't see anything to worry about.Go to court and tell the truth.

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01-29-2011 11:31 PM  7 years agoPost 5
Eagle2bravo

rrVeteran

Out flying somewhere

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It cost money to take someone to court...I doubt she will do anything. Also, there is no proof of purchase..she is S.O.L...lol. All hear-say dude, so don't sweat it. My best friend is a lawyer..

T-rex 600n super pro , Trex 450 se, Gaui 200, Trex 500, Blade cx, . "If ya plant corn, ya get c

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01-30-2011 12:23 AM  7 years agoPost 6
A. Bundy

rrElite Veteran

Aurora,IL. 30W/SW of Chicago

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I think the key to the case is that the seller had no knowledge of the crack,made no guarantees to the perfect condition,and also made no attempt to hide a defect.A buyer has it on them to inspect the item.A craigslist sale of a years old used item is going to almost certainly be an as is sale to any reasonable judge.

My credentials are watching lots of Judge Judy and also having a lawyer for a sister.

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01-30-2011 12:26 AM  7 years agoPost 7
FILE IFR

rrApprentice

Anytown, USA 01234

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Lady comes w/ boyfriend, they look it over and say well take it. Get it out of the basement and onto trailer.
That right there puts you in the clear.

If she takes you to court, go there... you'll be fine except for a day's loss of work to appear in court.

... a call from her 2 weeks later wanting her money back??? No wonder the biotch is not married

Futaba.. Always Imitated, Never Duplicated.

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01-30-2011 02:33 AM  7 years agoPost 8
SPLCHEVETE

rrNovice

Pennsylvania

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Thanks for the responses. I would go to court for sure if i was served. She lives over an hour away from me. I had no intention to sell something that was mis-represented. I have excellent feedback on here and on ebay. Never one negative to my dealings. Well She said she was going to call me back today but she has not done so after 12 hrs. now. I appreciate the responses. Thanks again!!

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01-30-2011 04:01 PM  7 years agoPost 9
woody

rrApprentice

Nothwest Pa.

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it cracked on the hour long trailer ride

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01-30-2011 05:59 PM  7 years agoPost 10
Pistol Pete

rrProfessor

Seffner, FL

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I said it was sold as-is.
was this also on the add?

if so...she is stuck.

Does the crack make it unusable or unsafe?

~~Enjoying the hobby one flight at a time~~

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01-30-2011 08:18 PM  7 years agoPost 11
jcrack_corn

rrVeteran

End of Time

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if you are not certain that it wasnt cracked, you should be a stand up person and reverse the sale.

i'm surprised by some of the responses here.

------------------------------------------------------------------
do it inverted
------------

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01-30-2011 08:33 PM  7 years agoPost 12
SPLCHEVETE

rrNovice

Pennsylvania

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I used it for 6 years with no problems. Craigslist is as-is isn't it?

I bought a jetski several years ago for over 5k, it blew up the first 10 mins. of riding it. Do i get my money back? I had someone fix it and sold the POS

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01-30-2011 08:35 PM  7 years agoPost 13
SPLCHEVETE

rrNovice

Pennsylvania

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I never said in the ad "AS-IS" I told her if you like it you can have it, person to person.

I never said you get a refund if you find something wrong with it 2 weeks later.

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01-30-2011 09:15 PM  7 years agoPost 14
patbcs

rrNovice

peru, indiana usa

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don't give her money back. if she wanted a warranty then buy new or get it in writing.

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01-30-2011 09:33 PM  7 years agoPost 15
FILE IFR

rrApprentice

Anytown, USA 01234

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She wont get any money back via a judge's ruling.

She inspected the stove, took the liner out, transported it on a trailer, replaced the liner back for use and used it for 2 weeks.

Give me her ph#, I'll tell her what she should to with her stove

Futaba.. Always Imitated, Never Duplicated.

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01-30-2011 10:18 PM  7 years agoPost 16
SPLCHEVETE

rrNovice

Pennsylvania

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I am guessing she saw it when she was putting the bricks back in after she had it for 2 weeks. I even used a shop vac and got all the ashes out before hand. She hasn't called back yet. I highly doubt she'll call again.

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01-30-2011 10:59 PM  7 years agoPost 17
helicrack

rrVeteran

Indiana

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If you get served, counter suit for any lost wages. Please do this and win. It'll make her think twice B4 doing this again to someone else.

Good Luck.

".........said the joker to the thief"

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01-30-2011 11:22 PM  7 years agoPost 18
SPLCHEVETE

rrNovice

Pennsylvania

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I don't think she even know's my address. LOL would this happen in the county it was taken place at? Like where I live ?

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01-31-2011 12:00 AM  7 years agoPost 19
rcjon

rrVeteran

Macon, GA

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Tell her it came with an out of sight warranty - good only until it was out of sight.

Ask your doctor if your heart is healthy enough for Radio Control Helicoptering.

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01-31-2011 02:11 AM  7 years agoPost 20
neilg.

rrVeteran

north of borston

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burden of proof is on her.

she did a visual inspection and bought it.

F-her

In Nomeni Patri Et Fili Spiritus Sancti

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