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From what I understand, you have delivered the goods to the defendant and he owes you $3924.96
is that correct?
OK...this is simple. There are a couple of things you can do.
The first is to start sending certified letters to demand the payment.
The next would be to sue in small claims court
That's a relatively easy procedure, and all you would have to show is the invoice and get proof that you delivered the goods
And that defendant owes you the money
The payment terms are COD, no credit was extended.
Right, and you have delivered and the defendant refused to pay.
So, he's breached the terms of the agreement.
This is technically called a "Suit on a Sworn Account"
There doesn't have to be a written contract, and it follows the UCC rules (Uniform Commercial Code).
Did he reject the delivery or did he take possession of the goods?
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.
Ok. If he took the goods and resold them, then he has no legal argument against payment to you.
Do you believe him that he is waiting to get paid so he can pay you?
No. He said he sold the material to a good friend of his in Houston.
Alright, then you need to go ahead and file this case in small claims court and get a hearing date set.
Do you want me to walk you through that process?
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?
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.
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