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MShore Law
MShore Law, Attorney
Category: Business Law
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Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Hi, This is actually a Small Claims issue. I sold a product

Resolved Question:

Hi,

This is actually a Small Claims issue.

I sold a product through my company (a California Corporation), $2000.00 to an individual, in Riverside California. The individual claims the appliance does not work and wants a refund. I have refused to, I do not give refunds, especially for products transported out of the country.

My company also does independent contractual Technical Support for another corporation in another State known to the individual and his wife.

I perform my services off-site and more than ten hours drive from the company. I bill them through my company, I am not a W2 or 1099 employee, both my and their corporation are separate entities.

The dissatified indivdual threatend to take me to small claims court in March 2011, I haven't been served or heard from them since

However, said individual's wife threatened suit of the Nevada company in March and has returned to threatening the Nevada corporation with lawsuits, and is calling their sales office demanding the principals telephone and contact, in essence threatening to report the Nevada company to the FDA as an implied threat if action (payment) is not performed.

The Nevada company has referred the matter to me to get them off their back. The Nevada Company is my major contract and source of company income. Obviously, I do not need the individuals harassing or threatening my major client.

I have written an email (only form of communciation as the other individuals live most of the year in Moscow, Russia).

I would like to have the letter reviewed by a lawyer.

Previous attempts at communciation by telephone were counter productive. The individuals no longer contact me.

Finally, the individuals contacted prior to March the manufacturer I purchased the appliance from and obtained my private business invoice and other business information including the wholesale price and I don't know if other information (Credit Card number?) was disclosed.

Upon contacting the manufacturer accounting department, no logged release of information was on their computers and the clerk stated that it is company policy, they do not to release such information to anyone other the party that made the purchase. (ID Theft?)

Sorry for the extensive background

The letter follows,

To Assia Grivtsova :

Mr. Barwick has forwarded all of Assia Grivtsova's prior and most recent emails to my attention.


Mr. Barwick in his email states he considers this a matter between you and myself and does not involve The Silver Edge or Mr. Barwick.



As to your claims and for your information:

The Silver Edge has no record of ever selling Colloidal Gold Generators, nor record of received funds for said generator metioned in your emails through its sale office by either you of your husband.

The Silver Edge does not sell Colloidal Gold or Colloidal Gold Generators. The Silver Edge has never sold nor ever plans to sell High Voltage AC machinery.

The Silver Edge does not have a sales facility located in California and does not sell its products in retail bricks and mortar outlets in the State of California directly to the consumer.

George Foss is neither a W2 nor 1099 employee of The Silver Edge.

George Foss's company is contracted to provide off-site services to The Silver Edge. George Foss (and his company) conducts his business in another State, on private property which The Silver Edge has no interest or ownership in. George Foss has other Clients besides The Silver Edge.

George Foss and his company has no ownership, partnership, or proprietorship with either Mr. Barwick or The Silver Edge. Neither The Silver Edge nor Mr. Barwick receive income from sales from Mr. Foss or his company.

All parties and respective companies are completely independent entities.

The filing of a complaint to the FDA on products The Silver Edge does not sell is groundless. The Colloidal Gold and Colloidal Gold Generators which The Silver Edge does not sell are perfectly legal for sale through out the United States. Colloidal Gold is available in Health Food Stores for legal sale in the State of California.

Assia Grivtsova, as you are a Russian national you may be unfamiliar with the legal system concerning the filing of suits in the United States of America and in the State of California in particular.

For your information:

The monetary amount in your emails states $2,000 USD. This is a Small Claims Court matter. Small Claims Court suits do not cross state lines. A trial would be heard in the State of California, where the events occurred.

The issue, if it should come to trial, would be heard before a judge without a jury. Neither the plaintiff nor the defendant is allowed to have an attorney present to represent them at the hearing. If I so choose to do so prior to the hearing, I can file a counter-suit, and I believe I would now have sufficient grounds to do so.

Respectfully,



George Foss
Submitted: 2 years ago.
Category: Business Law
Expert:  MShore Law replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. What is your question with respect to the letter? Is it whether the letter suffices to state your position?
Customer: replied 2 years ago.

Hi MShore Law,

 

Thank you for your assistance. My questions:

 

Does the letter sufficiently state my position?

 

Have I made any legal errors in the letter. I am not a lawyer, is my terminology correct?

 

Would there be any item in the letter that could be used against myself in a small claims court?

 

The whole matter occurred at my private residence, outside of my business hours, in the night to late night. and outside of thhe company I do technical support for business hours.

 

Would the The Silver Edge (Nevada Corporation) and their sales office be liable for my actions. The invoice I printed had only my company's name and address. I made oral disclaimers at the time that I was not The Silver Edge.

 

Thank you,

 

George Foss

 

Thank you.

Expert:  MShore Law replied 2 years ago.
Good afternoon George,

1) "of your husband" should probably be changed to "or your husband"

Rather than state "...and his company has no ownership, partnership, or proprietorship with either Mr. Barwick or The Silver Edge. Neither The Silver Edge nor Mr. Barwick receive income from sales from Mr. Foss or his company." consider "...and his company have no ownership interest nor joint venture association or relationship with or in ...."

Rather than groundless, consider is without merit.

Consider removing the reference to nationality.

Are you sure it is true neither party can have an attorney present? Was this right waived by virtue of a private agreement?

2) The letter, save the aforementioned areas, is correct in its terminology.

3) No, SE would not be liable.

Please let me know if you have any follow up questions.

MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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