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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2815
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Hi, my name is XXXXX XXXXX have a question about property (tv)

Resolved Question:

Hi, my name is XXXXX XXXXX have a question about property (tv) given to a business to fix. The company has had the TV for 7 weeks and I have been notified that he is unable to fix the problem. I aksed him to return the TV along with payment (paid in full ($500 plus...). He informed me that I could pick up the TV, and that he would pay me on that he will return payment on Friday 12th of April, 2013 (apparently this is the day he's paid...). Should I pick up the TV, and have hime sign some type of agreement?

Thanks,
Robert
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas Swartz replied 1 year ago.
HelloCustomer

Yes, you should have him sign an agreement stating that he promises to pay you by a certain date. However, what is the payment to you for? Did you already pay him to fix the TV, and he couldn't fix it?

Thomas
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2815
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Thomas Swartz and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Thomas,


 


He PU/TV Jan 18, 2013. Charged $436. 81...this includes a nonrefundable fee of $75 (home visit). Manager stated reason to pay upfront was due to people not coming in to pu/merc. upon completion.


After t.v. couldn't be fixed, I inform him that I will come and pick it up (JVC 46" HD FS/3 years old.


 


He said he will return payment minus home visit cost ($75) on April 1. Four days later (3/26/13) his assistant called and inform me that my funds will be returned on Friday the 12th (apparently their payday)


Can I pu/tv now or should I wait for payment first.

Expert:  Thomas Swartz replied 1 year ago.
You can pick up TV now. And if you don't have something in writing that they will return your money, I would get something in writing that they promise to return the money by a certain date. And this date should be as early as possible.

Thomas
Customer: replied 1 year ago.


Thanks Thomas...hopefully,just one final question.


 


What if they refuse to sign an agreement?

Expert:  Thomas Swartz replied 1 year ago.
You can't really force them to sign an agreement. However, you at least have their oral promise to pay you back your money. So, if they refuse to sign an agreement, then you would just have to wait until the 12th, and if you do not receive payment by that date inform them that you will take them to small claims court based on their oral promise.

Thomas
Customer: replied 1 year ago.

...well done Thomas.

Expert:  Thomas Swartz replied 1 year ago.
Good luck.

Thomas

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