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Daniel Kokhba
Daniel Kokhba,
Category: Business Law
Satisfied Customers: 1739
Experience:  Partner at Kantor Davidoff
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Customer purchased $800 of product, cancelled payment and

Customer Question

Customer purchased $800 of product, cancelled payment and kept product. This was about 6 mos ago and we didn't attempt collection beyond letters and emails due to expense vs. debt owed. Customer has now created a new account and ordered $1000+ worth of
product. We identified her based on email address she sent order through... not bright. Can we seize funds for prior debt?
Submitted: 1 year ago.
Category: Business Law
Expert:  MDLaw replied 1 year ago.

Hello and thank you for using the Just Answer website. I look forward to assisting you. Just to be sure, can you clarify what you mean by "seize"?

Customer: replied 1 year ago.
Can I hold on to the funds and say that we are crediting her prior account with the funds to cover the debt. She just paid out $1000 for new product that we haven't shipped, she owes $800 from fraud previously. Can we keep the $800 out of $1000.
Expert:  MDLaw replied 1 year ago.

No, you cannot just keep 800 out of the 1000 without authorization. What you can do is inform the customer that you will not be mailing out their order until their debt of $800 has been paid.

Customer: replied 1 year ago.
But then they can pull back the current payment?Is the best solution to small claims court the $800? We've sent letters and emails...
Expert:  MDLaw replied 1 year ago.

Well, yes, if you tell them that you will not fulfill their order unless they pay back the previous $800, they have the right to cancel their current order and you have the right not to sell to them. The only way to get your $800 - other than getting them to agree of course - is to sue them in small claims court and obtain a judgment.

Customer: replied 1 year ago.
legally, the two activities are separate and no recourse for the $800 can be provided based on the customer making an additional purchase.
Expert:  MDLaw replied 1 year ago.

That is correct.

Customer: replied 1 year ago.
Hmmm... not letting me close the question..
Expert:  MDLaw replied 1 year ago.

I don't think it will let you close the question until you leave a rating. Thank you in advance for your positive rating as that is the only way that we experts get credited for the time spent assisting you since we are not employees of Just Answer.

Expert:  MDLaw replied 1 year ago.

Hi, were you still having problems leaving a rating?