Need Professional advice

[btomer80]

I sold my cousin a CD player for his car on July 22 2005. He was to give me $150 on the following Friday, he did not do this. At the end of August he finally gave me $50 with a promise to have the other $100 on the next Friday. Again he didn't have the money and Three Fridays later he gave me another $50. Promising the last $50 in one week. By the end of October he had still not given me the last $50, so I called him and told him since he had not given me the last $50 and my Father was changing the breaks on his car for him I was going to take the CD player back until I received the Money from him. It was also during this time that he told my brother and two of his friends that he was not going to give me the money at all prompting me to take it back. He said ok on the following Friday he would have the money for me. That Friday came and I called him he tells me he doesn't want the CD player and he wants me to give him $100 back. I told him no give me the $50 and you will get the CD player back. I have not heard from him since, until Thursday Jan. 13th 2006 When he threaten to stab my tires and burn my home down if I didn't give him the money. I then talked to his father who said I have one week to give him the $100 or they are taking me to the magistrate. I don't see how they can do this. Can they? The thing that has me worried is his dad used to be a constable so he could be a friend with the magistrate. Should I be worried or are they trying to scare me into giving them the $100?

 

[Malibu_Barbie]

"Constable"? Where do you live? From what I have gathered from your post ... you sold a CD player for a certain price, there was nothing wrong with it and no complaints about its functionality, you were paid all but $50, then promised the balance ... and then you were threatened with a lawsuit when you mentioned repossession ... well, in the U.S., that would be a bogus claim unless there's other circumstances involved ... regardless of whether the agreement was verbal or in writing. It sounds like the buyer was completely satisfied with his purchase (that's why he continued to pay and even promised the final payment), and his father, for whatever reason, is threatening to sue you.

Hmm, if it were me, I wouldn't try to repossess the unit, since this is apparently what's causing the father to get involved. If you don't receive the balance owed, why not just send a demand letter (Return Receipt Requested to show proof of receipt), give him 10 days to pay the balance, or threaten HIM with a lawsuit (mention court costs and attorney's fees in the event of a suit, which you will also claim as recoupment from him)? Why not give the father a taste of his own medicine?

 

[bryan]

I may be misreadign it but it reads to me like he reposessed the CD player already so has both the CD player and the $100.

 

[Malibu_Barbie]

I may be misreadign it but it reads to me like he reposessed the CD player already so has both the CD player and the $100.

Actually, I believe I was the one who misread as a result of "I was going to take the CD player back", but I now see the "give me the $50 and you will get the CD player back", so, yes, it does appear that he actually did repo it. Thanks for pointing that out, Bryan.

Ok, so it appears that all but $50 has been paid and the CD player has been repossessed. Why not threaten to file a counterclaim for breach of contract, the balance owed and attorney's fees and court costs, if any, for having to defend an action on a contract that he breached, and costs for your time and travel to repossess the item?