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PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 12825
Experience:  B.A.; M.B.A.; J.D.
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I own my own business and used another business to repair my

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I own my own business and used another business to repair my customers refrigerator that I had sold to them. They fixed it, told me it was done, and when i attempted to pick it up I was informed that they sold it. There is more to it of course. I knew/know these guys personally and used them a couple times for similar repair work. this particular job was initiated by them, they knew i needed this done and contacted me to do the work and also knew who the actual owner (my customer) was before the job was done. My customer upon hearing that their fridge had been sold by this other company went to that business and inquired about the situation and was told that they did indeed sell their refrigerator and they would replace it. A week later upon returning to the store was told that they were not going to. My question ....can this be a criminal act? Can I have them prosecuted? The value is $700 but the damage to my reputation and loss of sales due to this incident are immeasurable.  I have had them  do the same work a few times and i still owed $250 for a repair prior to this one.  They jokingly told my ex partner that they should just sell the fridge and screw me.  I have made arrangements with my customer to their satisfaction but now I want to be satisfied.  I am a sole owner/operator of a reconditioned appliance shop and this is something I cannot afford.  I have to make payments on this and it has made me fall behind on other debts as well.

Submitted: 8 months ago.
Category: Criminal Law
Expert:  PhillipsEsq replied 8 months ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.



I own my own business and used another business to repair my customers refrigerator that I had sold to them. They fixed it, told me it was done, and when i attempted to pick it up I was informed that they sold it. There is more to it of course. I knew/know these guys personally and used them a couple times for similar repair work. this particular job was initiated by them, they knew i needed this done and contacted me to do the work and also knew who the actual owner (my customer) was before the job was done. My customer upon hearing that their fridge had been sold by this other company went to that business and inquired about the situation and was told that they did indeed sell their refrigerator and they would replace it. A week later upon returning to the store was told that they were not going to. My question ....can this be a criminal act? Can I have them prosecuted? The value is $700 but the damage to my reputation and loss of sales due to this incident are immeasurable. I have had them do the same work a few times and i still owed $250 for a repair prior to this one. They jokingly told my ex partner that they should just sell the fridge and screw me. I have made arrangements with my customer to their satisfaction but now I want to be satisfied. I am a sole owner/operator of a reconditioned appliance shop and this is something I cannot afford. I have to make payments on this and it has made me fall behind on other debts as well.



Response: Yes, it is a criminal act for them to sell the property you sent them for repair if they did not give you a written notice or disclose to you before the repair that this would happen if you did not pay the amount owed for repairing the item. They cannot sell the fridge for past due debt on other repairs. You can file complaint with your District Attorney's Office or file Small Claim to recover for the value of the fridge or the amount you paid to the customer to resolve the issue.

Customer: replied 8 months ago.

I do not have anything in writing with this situation other than a few pictures of the refrigerator, the Model number and the serial number on a copy of the receipt I gave to my customer that bought it from me. The value of the fridge is only $700 but when They picked it up from my shop they also requested that I give them several used/unfixed appliances as a partial payment and I did. The person that came and picked up these pieces was an employee of mine a week prior to that. This business had offered him more money and he jumped ship with me. He was fully aware of the situation with this refrigerator and my hesitation to send it to them for the repair and he told me that he spoke with the owner and got the okay to have it done. I figure that when the truck got to their shop, unloaded the fridge to be repaired, and the several other pieces, that the deal was sealed.


 



So, can I add on the amount I figure the other pieces are worth and some sort of punitive damage? It drives me crazy knowing that they think they can get away with this.

Expert:  PhillipsEsq replied 8 months ago.

I do not have anything in writing with this situation other than a few pictures of the refrigerator, the Model number and the serial number on a copy of the receipt I gave to my customer that bought it from me. The value of the fridge is only $700 but when They picked it up from my shop they also requested that I give them several used/unfixed appliances as a partial payment and I did. The person that came and picked up these pieces was an employee of mine a week prior to that. This business had offered him more money and he jumped ship with me. He was fully aware of the situation with this refrigerator and my hesitation to send it to them for the repair and he told me that he spoke with the owner and got the okay to have it done. I figure that when the truck got to their shop, unloaded the fridge to be repaired, and the several other pieces, that the deal was sealed.


So, can I add on the amount I figure the other pieces are worth and some sort of punitive damage? It drives me crazy knowing that they think they can get away with this.

 



Response: Yes, you can. You can add all expenses relating to the repair.
Customer: replied 8 months ago.

Thank you. Is there any tips or advice you could offer me that would save me time or money? This has been a huge learning experience for me .

Expert:  PhillipsEsq replied 8 months ago.
Unfortunately, I do not have any more suggestions for you. You can either file complaint with the District Attorney's Office or file a Small Claim to recover for your loss.
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 12825
Experience: B.A.; M.B.A.; J.D.
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