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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I was dubed into signing a paper that was my receipt and the

Customer Question

I was dubed into signing a paper that was my receipt and the business is trying to keep my 2300 dollars. They are trying to say a restocking fee has to be taken were I will only receive six hundread dollars back. I tried to go back to get my dollars after 2 days and give him 200 dollars and he said no. this has been since february of this year.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of experience handling matters like this one. It is a pleasure to assist you today.

If you don't mind, please provide me with a little more context. What was the restocking fee related to and under what grounds do they claim to have the right to do this to you? Was there a contract signed which proclaimed the restocking amount that you signed?

I look forward to assisting you with this issue.

Note: I have a meeting in just a moment, but will respond as soon as possible to your response. I look forward to working with you on this important issue.

Customer: replied 1 year ago.
my down payment of 2000 dollar was for an order for the month of may when i call him one day after the down payment to cancelled my order he told me i have to pay restocking fee for things he didnt order or things i didnt recieved i was to come in monthly and make payment and tell him when i was ready for the furniture the contract stated if we make special order which we didint do, there would be a restocking fee if we order and we cancelled, my husband call the police on him and he told us we have to buy somthing cause he not giving back our money, the cop told us to take him to court my husband is a vet and on alot of medication so i when to him alone to make a deal since he doesnt want to give us back our money , we make a deal to just take the amount of furniture that the 2300 can buy we did and when i went there in june for the furniture he didnt have what i choose and then he wanted to change his mind and said i have to pay the orginal total of the contract which was 4500 for all the furniture that was on the invioce,
Expert:  Delta-Lawyer replied 1 year ago.

That is unfortunate. First off, unless he had either told you that the initial fee would apply for restocking, either verbally or in writing, then he cannot force you to pay that amount in a restocking fee. You cannot charge for fees this excessive without first obtaining the consent of the entity to which you are charging. Since that did not occur, you have the right to demand your money back in total.

Moreover, the fact that you have attempted to deal with him in good faith and the fact that he has not reciprocated towards you bolsters your position.

My advice would be to take him to small claims court for the amount of money that he owes back to you and to have the court to order him to leave you alone as well. Before filing the small claim against him, you need to send him a certified letter with a return receipt in which you demand to be paid back in total within 5 business days of the postmark on the letter. This will serve as legal notice and will help you if you have to go to court.

If he does not agree to pay, then you need to take him to small claims. Remember in court to explain that you were never told you would have to pay a restocking fee and that even if you were, the fee charged was excessive.

You do not need an attorney to assist you with a small claims case. You can do it yourself and based on the facts here, I think you will win with relative ease.

Let me know if you have any other questions.

Please rate my answer positively (4 or 5 stars) so that I can receive credit for my work.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking with you to see if you had any additional questions. I want to make sure you are as comfortable as possible with this issue moving forward. Thanks