Consumer Law, Warranties Being threatened with lawsuit in California for goods delivered to Florida residence

[prioritymarine]

Subsequent to an unsolicited phone call, I ordered and agreed to pay for cutting disks, based on being told that I was being sent a collection of free stated name brand tools (manufacturer's promotion) if I agreed to buy the cutting disks for the tools. The price was to be $525. The box of goods was delivered UPS to my residence in Florida from a company in California. An invoice was enclosed for $735.80. I immediately called the company to state the invoice discrepancy and was told that they would give meal a deal and only charge $600. I then stated that I would like to return the box of goods, to please send me a return authorization and a UPS shipping label. (Since that time I have found that I can buy the cutting disks locally for under $200) In the next 2 months, there have been numerous phone calls from the supplier demanding payment, and all along I have reiterated that I would return the goods with a return authorization and a UPS shipping label.

Yesterday I received a mailing from this supplier threatening me with a lawsuit to be filed in the Superior Court of Los Angeles against me and my company for the sum of $735.80, and as well, they will be submitting to the credit reporting agencies as an uncollected debt.

Can they do this, and what is the recommended action that I should take next?

 

[mightymoose]

They can do it, but that doesn't mean they have a good argument to make.
I suggest you try one more time in writing to explain the problem and get your return authorization.
If that does not lead anywhere then ship the items back at your own expense, including order information so they know where it came from, and request delivery confirmation.
As long as you remain in posession of the items they have reason to demand payment.
Better to pay the shipping fee than to have a bogus lawsuit for much more. I'm fairly certain they would have to sue you locally in Florida.

 

[prioritymarine]

Thank you for your reply. I will get the goods returned and pay the shipping myself. Looks like i have been scammed, and will certainly be much more vigilant in the future regarding these types of phone calls.

 

[army judge]

Thank you for your reply. I will get the goods returned and pay the shipping myself. Looks like i have been scammed, and will certainly be much more vigilant in the future regarding these types of phone calls.

Just as an aside, they'd have to sue you in the state and county of your residence.

Do you live in LA County in the state of California?

If you don't live in LA County, you have nothing to fear from a lawsuit filed in said county.

Otherwise, returning the items, makes a better case for you. I doubt, however, that a refund will be forthcoming. You pegged them as scammers.



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