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I bought several gently used coach purses on ebay.

I bought several gently...

I bought several gently used coach purses on ebay. Afterwards I need to get rid of to recoup at least what I put into them. Asked a friend's daughter in law to take to work and ask around to see if some of he friends and relatives would be interested. She agreed, we decided to start with $65 per purse. She took twelve purses but I never heard from her, I got her home phone number and called her from her relative and called her 3 months later but the tele# ***** been changed. I contacted the relative and asked for help and her mother in law had son her ex....they are separated contact her an told her to tell daughter in law to return the purses if she could not sell them. So approx 30 days later, Dec 2017 she did return 8 of the twelve purses. Four had obviously been sold totally $260. She sent the 8 purses back to me by her ex along with $330. Now I haven't told you the best part, she and her daughter also had 2 brand new purses and matching Coach purses an wallets totaling $320 altogether. I had not received one red cent for any of this because I was giving her time to get funds together for payment. Now I am looking at this as a debt that I need to collect. The $330 is minus the $260. For the 4 purses she sold and did not return leaving a balance of the brand new purses and wallets she and her daughter have of $250. I do have the new tele# ***** for her and I have called her mostly on the weekends and leave her voicemails about the need for her to pay this balance of $250, for she will not answer her phone...voicemail always comes on, but I leave a message anyway. I do not have $250 to dismiss. Oh and by the way she and her are kck police officers. She works in the jails as an officer and I am trying not to get her in trouble with her job, but I need my money. What do you suggest......I have thought going to small claims court what do you think?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

This is in kick, Kansas city,kansas

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not that I can think of...

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Answered in 5 minutes by:
1/21/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,454
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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So, if I understand correctly, you had a contract with this woman for her to sell these items and return some of the money to you, but she has just kept the money, correct?

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Customer reply replied 4 months ago
Well she was to pay for two wallets and brand new purses for her and her daughter @$320. These were brand new. The others were bought gently used but in very very good condition to be sold for $65 each or whatever she felt she wanted. She was to just give me $65 for any of those that she did sell....of which she received 12 gently used genuine Coach purses. I did get back only 8 of those 4 were not returned which For $65 she owed me $260.

Understood. Thank you.

This appears to be a classic breach of contract if she did not return 4 of those. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, which would include the $260 that you are missing out on. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
I wanted to speak with the expert but was unable to.....all I got from this is to go to another site to complete a breach of contract for which will cost even more money.....but what can I do otherwise? Should I continue to call her? If I complete the form send to home or work?..... Should I attempt to contact an attorney here in Kansas about small claims court, is this an option? I've asked for help but am not satisfied with what i've gotten.

I understand. Thanks for clarifying your request more specifically.

If this person is not contacting you back, then I would probably not recommend continuing to call her. You should document the dates and times that you have contacted her so if you do need to file suit, you have a timeline of what happened.

My recommendation would be to complete the form, but you can send it from home or work; that's entirely up to you.

For something like this, an attorney may not be worth your money. Most attorneys wont' take cases under $1,000 in fees to them in most cases. Because this is less than $500, this is something you can do yourself.

You can also file a claim in small claims court as well in your county, citing a breach of contract. You can attach the breach of contract form you sent and the dates/times you contacted this woman to help prove your case.

Does that help out a bit more?

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Customer reply replied 4 months ago
it does... soooo stop calling her, document dates/times I have called her. Send a form letter (Breach of Contract) notifying her I want to be paid and that if not we might need to take this matter further, however that I am willing to meet with her to settle this problem of payment. Can I generate this letter from information online or does it have to be the form from this website you have advised?

Good question. You can certainly send a breach of contract letter yourself. It's just that I learned that a lot of people don't know what to say, so I recommend the website because it kind of takes the thinking out of what to say there; but please don't feel obligated to purchase anything. I think that you're on the right path and what you recapped is what I would recommend.

Did you have other questions for me? If not, were you satisfied with your service today?

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