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Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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I sold four consignment items customer. It is customary of

Customer Question

I sold four consignment items for a customer. It is customary of me to pay in cash payments. However, this customer requested checks be sent to him. On one of his visits, I handed him a payment of two items in cash. He now disputes it and says he was not paid. What happens now?
Submitted: 8 months ago.
Category: Legal
Expert:  Olivia Kent replied 8 months ago.
Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking. A couple of things can happen now. The first one is ... nothing. He made simply choose to do nothing about the whole thing. Or, he can threaten to sue you. Or we could actually sue you – most likely in small claims court since a lawyer isn't required there which makes it inexpensive and ideal for a lot of people. Remember, he is the one who has to prove that you did not pay him. He has the burden of proof, not you. Meaning, you do not have to prove that you actually did pay him until he first establishes that you did not pay him. Does that make sense? So, at this point you can either choose to settle with him in advance or you can choose to do nothing and wait to see what he does and then decide. Please let me know if you have additional questions or need me to clarify anything.
Customer: replied 8 months ago.
then how would he sue me if he has to prove he wasn't paid in order to sue me?
Expert:  Olivia Kent replied 8 months ago.
He doesn't need to prove he wasn't paid in order to sue you - he needs to prove that he wasn't paid in order to win. He also needs to prove that he wasn't paid in order for the burden to switch to you to show that he was. I hope that makes sense. Please let me know if you have any additional questions or need me to clarify anything. Please also submit a rating so that I receive credit for helping you today.
Expert:  Olivia Kent replied 8 months ago.
Hello. I noticed you have not yet provided a rating. Do you have any follow up questions? Do you need me to clarify anything? I'll be happy to do so if you need additional assistance.