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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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RE: Fulton County [Dunwoody GA] Defendant. Plaintiff-DeKalb

Resolved Question:

RE: Fulton County [Dunwoody GA] Defendant. Plaintiff-DeKalb County.
My company sold 41,000 lbs. of recycled plastics @ $.37 [$15,351.67] to Defendant- a plastics company in Dunwoody, GA.
I did not extend any credit and sold the material on a COD basis. I credited $11,417.14 on invoice to the Defendant for another matter leaving $3,924.96 due to me and the Defendant was to pay the amount upon delivery of goods.I have an email from Defendant agreeing to pay the balance upon receipt of goods. I have not received the funds to this date. What can I do?
Van Whittington, Pres. Lithonia Industrial Plastics, LLC. XXX-XXX-XXXX
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.

Zachary D. Norris :

I'm reading through your question and will be with you shortly

Zachary D. Norris :

From what I understand, you have delivered the goods to the defendant and he owes you $3924.96

Zachary D. Norris :

is that correct?

Customer:

Yes.

Zachary D. Norris :

OK...this is simple. There are a couple of things you can do.

Zachary D. Norris :

The first is to start sending certified letters to demand the payment.

Zachary D. Norris :

The next would be to sue in small claims court

Zachary D. Norris :

That's a relatively easy procedure, and all you would have to show is the invoice and get proof that you delivered the goods

Zachary D. Norris :

And that defendant owes you the money

Customer:

The payment terms are COD, no credit was extended.

Zachary D. Norris :

Right, and you have delivered and the defendant refused to pay.

Zachary D. Norris :

So, he's breached the terms of the agreement.

Zachary D. Norris :

This is technically called a "Suit on a Sworn Account"

Zachary D. Norris :

There doesn't have to be a written contract, and it follows the UCC rules (Uniform Commercial Code).

Zachary D. Norris :

Did he reject the delivery or did he take possession of the goods?

Customer:

He picked up the material at my door and said payment was being sent. After not receiving payment for 2 weeks, [he sold the material to another broker] he started complaining about the quality. I never received any samples or written complaints, just stalling about one thing or another. I emailed him 4 days ago about payment, and he said payment would be made Monday or Tuesday but nothing. He said he hasn't been paid yet.

Zachary D. Norris :

Ok. If he took the goods and resold them, then he has no legal argument against payment to you.

Zachary D. Norris :

Do you believe him that he is waiting to get paid so he can pay you?

Customer:

No. He said he sold the material to a good friend of his in Houston.

Zachary D. Norris :

Alright, then you need to go ahead and file this case in small claims court and get a hearing date set.

Zachary D. Norris :

Do you want me to walk you through that process?

Customer:

No, I am sure I can do it. Thanks. I have 1 final question: I would have never released this material without a COD, in fact his PO says CIA [Cash in Advance]. Isn't this stealing?

Zachary D. Norris :

This probably does not rise to the level of theft. However, it is also technically called "conversion" and could also be "fraud". These are things you would sue for. However, you want to keep it simple and just say you delivered the goods, and he has to pay.

Zachary D. Norris :

Does this answer your question?

Customer:

Thank you.

Zachary D. Norris :

Glad to be of help. Please click the accept button for me and good luck with your case.

Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience: Lead trial/International commercial attorney licensed 11 yrs
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