Customer put stop payment after receiving goods.

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Jonat

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My jurisdiction is: Connecticut

I own an auto parts wholesale business in CT. I have a customer who recently purchased two parts. He took delivery in brand new condition, signed for them, and gave us a check. I was recently informed that his check had a stop payment put on it.

When I contacted the customer about this issue, he essentially told me that he had ordered these parts with the intent to put a stop payment because he was unhappy over the fact that I had refused to give him a refund on a completely different part he had purchased in August, which would have amounted to about $105.

Seems to me that he should have taken me to court over the $105 August purchase if he was unsatisfied. Instead, he essentially stole nearly $300 of my inventory on a fraudulent purchase completely unrelated to the event that had made him dissatisfied.

My decision not to accept the return on the part he bought in Aug. was very justifiable, by the way. It was modified (cut), had been installed, and used for three weeks. His reason for the return was that I had sold him the wrong part to begin with (a point I would dispute). FWIW, I have a disclaimer on my invoices stating that no refunds will be given for parts that have been installed.

Do I have any recourse here?

Thanks.
 
Write him a demand letter, then sue his a... Uh, sue him in small claims court. Expect to be countersued for the $105.

If you're feeling particularly outraged, sue him in regular civil court, seeking a finding of fraud and punitive damages, but it's a bit of a reach for a claim this size.
 
Thanks for such a timely reply!

Today, the customer called and told one of my employees that he would be sure to badmouth my business to anyone who'll listen and that he would write up an article in a local automotive trade magazine he's affiliated with describing how terrible I and my business practices are.

He went on to say that he would give me back the two parts that he put a stop payment on if I agree not to pursue legal action. I am uncomfortable taking them back at this point because I feel that he could have easily sabotaged the parts (these are radiators which he could have dumped glue or some other substance inside...difficult to detect until they fail after installation), leaving me vulnerable were I to resell those parts to another account. Seems like an awful lot of trouble to go through on his part, but nothing surprises me anymore.

Also, I've been hit with a bank charge for the stop payment and I've sent employees to his shop (to deliver the other parts and to inspect the one he wanted to return) on several occasions which costs about $20 each trip for gas and payroll. So, I'm already into this mess for several hundred bucks.

If I were to take this case to small claims court, can I seek an estoppel from him defaming myself and my business or is that not a small claims matter? I don't even know if 'estoppel' is the right term here, forgive me if I'm misusing terms.

I'm very confident that the documentation I have, the way that I've handled these sales and the reasons for not giving him a refund in the first place are completely valid. I have no worries about my end of things if we were to go to court. Everything I've done with regard to this debacle is pretty much SOP for an auto parts wholesaler.

I know it's 'only' a few hundred bucks, but margins in my niche are slim and I try to be a person of good principle. But I'd hate to go to court and have a magistrate think I'm irresponsible to initiate legal proceedings for a few hundred bucks...especially since he has now told me to repossess the parts.

Any further advice here would be greatly appreciated.
 
You wouldn't be seeking an estoppel, you'd be seeking an injunction. :) You probably can't get one in small claims court. But you should make it clear to him in no uncertain terms that he should review the legal consequences of any communication he makes to third parties regarding unfounded allegations of shortcomings on the part of your business. You would regard any attempt by him to damage your business's reputation as actionable. If you settle out of court, the settlement should be subject to him agreeing to keep the dispute confidential.
 
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