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Am I being unreasonable or wrong in this Craigslist dispute?

1,405 306 September 27, 2011 at 01:48 PM
Hi folks,

I will keep the story short but sufficient in quickly helping you understand the situation.

I sold a merchandise to a person on Craigslist for $130 dollars. This person was unable to pay the complete $130 at the time and offered to pay in two payments and told me that he was good for it. I initially declined this idea, not being comfortable with it. He later offered to "give up" a piece of electronic as collateral as something for me to hold on to. This was a Playstation 3 Slim. The first payment which I accepted was then $80 alongside the PS3.

He said he would be able to pay the remaining $50 the next weekend. The first meet-up was on a weekend, so it was essentially a week in-between the two original proposed payment times. However, at that time, I was going on a holiday and got stuck at the airport. As such, I couldn't make that weekend and asked if he could do the day after.

The first transaction was made on July 1st, meaning that the second payment was supposed to be on July 8th to 10th?

Since then, he has either been out of town or has repeatedly told me that he does not have the money on dates which he himself set up as dates of payments (3 or more times now). I have also found out that the merchandise which I sold him (a phone), is now broken.

I recently (i.e., mid September) -subtly indicated- to him that I cannot be waiting forever to get my money back and that at some point, I would take the PS3 as collateral. He proposed an October 1st payment as a date where he "should be" able to make the payment.

Based on e-mail exchanges in the past 48 hours, it is evident that he cannot make that date again, to which I provided an ultimatum for an additional one-more week extension.
Should he miss this date, I will terminate the deal and consider the PS3 to be collateral.

He is now flipping out, and mentioning that he couldn't believe that I was like this. He stated that he would be forced to call a lawyer should it come to that. He also indicated that he is only getting paid at the end of October and can only pay "then". He says he doesn't know what else he can do but again reiterated that he would be forced to contact a lawyer should it come down to that.

I haven't responded yet, but I'm looking for thoughts and ideas here. Am I being unreasonable? I'm only asking for my $50 back and it's close to 3 months now.

Thank you in advance to all who respond.
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Joined Feb 2006
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> bubble2 935 Posts
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htin
09-27-2011 at 02:08 PM.
09-27-2011 at 02:08 PM.
Quote from PoisonWolf :
Hi folks,

I will keep the story short but sufficient in quickly helping you understand the situation.

I sold a merchandise to a person on Craigslist for $130 dollars. This person was unable to pay the complete $130 at the time and offered to pay in two payments and told me that he was good for it. I initially declined this idea, not being comfortable with it. He later offered to "give up" a piece of electronic as collateral as something for me to hold on to. This was a Playstation 3 Slim. The first payment which I accepted was then $80 alongside the PS3.

He said he would be able to pay the remaining $50 the next weekend. The first meet-up was on a weekend, so it was essentially a week in-between the two original proposed payment times. However, at that time, I was going on a holiday and got stuck at the airport. As such, I couldn't make that weekend and asked if he could do the day after.

The first transaction was made on July 1st, meaning that the second payment was supposed to be on July 8th to 10th?

Since then, he has either been out of town or has repeatedly told me that he does not have the money on dates which he himself set up as dates of payments (3 or more times now). I have also found out that the merchandise which I sold him (a phone), is now broken.

I recently (i.e., mid September) -subtly indicated- to him that I cannot be waiting forever to get my money back and that at some point, I would take the PS3 as collateral. He proposed an October 1st payment as a date where he "should be" able to make the payment.

Based on e-mail exchanges in the past 48 hours, it is evident that he cannot make that date again, to which I provided an ultimatum for an additional one-more week extension.
Should he miss this date, I will terminate the deal and consider the PS3 to be collateral.

He is now flipping out, and mentioning that he couldn't believe that I was like this. He stated that he would be forced to call a lawyer should it come to that. He also indicated that he is only getting paid at the end of October and can only pay "then". He says he doesn't know what else he can do but again reiterated that he would be forced to contact a lawyer should it come down to that.

I haven't responded yet, but I'm looking for thoughts and ideas here. Am I being unreasonable? I'm only asking for my $50 back and it's close to 3 months now.

Thank you in advance to all who respond.
do you have everything in writing in a contract? If there is none, i don't know how you can prove this in a court of law

btw, i'm not a lawyer, i think you should contact a lawyer just to make sure.
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Joined Jun 2007
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> bubble2 272 Posts
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lebedev
09-27-2011 at 02:16 PM.
09-27-2011 at 02:16 PM.
At first, you say that he agreed to offer the PS3 as collateral, but then you say that if he doesn't pay you will consider the PS3 as collateral? So, did you both agree that it was collateral at the beginning, or what?

Also, it is strange that he has money to hire a Lawyer, but not $50 to pay you? Is he thinking he can get a lawyer to take the case on contingency and if he wins the lawyer gets... the PS3?
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Joined May 2008
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> bubble2 4,153 Posts
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mrbobhcrhs
09-27-2011 at 02:19 PM.
09-27-2011 at 02:19 PM.
Quote from lebedev :
At first, you say that he agreed to offer the PS3 as collateral, but then you say that if he doesn't pay you will consider the PS3 as collateral? So, did you both agree that it was collateral at the beginning, or what?

Also, it is strange that he has money to hire a Lawyer, but not $50 to pay you? Is he thinking he can get a lawyer to take the case on contingency and if he wins the lawyer gets... the PS3?
also the missed day of work to go to court etc etc. Op my guess is if you keep giving in he will keep doing this. If he only gets paid at the end of the month then he should take it out of this months check and not nexts and pay you.
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Joined Jan 2006
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UniformedHorse
09-27-2011 at 02:25 PM.
09-27-2011 at 02:25 PM.
he sounds like a prize twerp.

To answer your question, I don't think you're being unreasonable or wrong. And I usually do think the OP is wrong in these types of threads :-) (not you personally)
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Joined Sep 2009
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> bubble2 7,035 Posts
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prozac4312
09-27-2011 at 02:26 PM.
09-27-2011 at 02:26 PM.
TBH--I'd say F 'em and keep the PS3. If he can't come up with $50 for a phone, how is he going to afford to pay for an attorney?
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Joined Jun 2005
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AMAF21
09-27-2011 at 02:37 PM.
09-27-2011 at 02:37 PM.
You probably have every right to keep the PS3 since he owe you the money and he handed you the PS3 willingly as part of the deal. But as a compromise, set a date and tell him you will sell the PS3 after that date to recover your $50, and give the rest to him. I'm sure you can get a lot more than $50 for the PS3. This is really up to you though if you want to be nice.
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Joined Oct 2009
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Original Poster
PoisonWolf
09-27-2011 at 02:40 PM.
09-27-2011 at 02:40 PM.
Quote from lebedev :
At first, you say that he agreed to offer the PS3 as collateral, but then you say that if he doesn't pay you will consider the PS3 as collateral? So, did you both agree that it was collateral at the beginning, or what?

Also, it is strange that he has money to hire a Lawyer, but not $50 to pay you? Is he thinking he can get a lawyer to take the case on contingency and if he wins the lawyer gets... the PS3?
I guess I used the wrong wording there. I meant just take the PS3 as collateral. In our e-mail exchanges, which I have the entire 100+ bulk of, I used the term collateral from the start till end. He used the term for me to "hold on to" or "give up". I don't believe we ever properly agreed to it. In my last "subtle" indicator however, I did mention that at some point, I would have to take the PS3 as "collateral" though, to ensure that I made my intentions clear.

In my last e-mail to him this morning, I highlighted the discrepancy there that he has the money to get a lawyer, but not the money to get a happy-ending through with our deal. He ignored his point in his response and stuck to the "I will only get my last paycheck at the end of October and if you cant wait I will be forced to get a lawyer, I am not joking okay".

Firstly, I thought people in the US operated on a bi-weekly payment scheme? I've never heard of a monthly payment scheme, unless if that is what the employee opts in on?

Quote from mrbobhcrhs :
also the missed day of work to go to court etc etc. Op my guess is if you keep giving in he will keep doing this. If he only gets paid at the end of the month then he should take it out of this months check and not nexts and pay you.
I've been told by some friends that this guy was doing exactly this, and that he would keep threatening me with a lawyer or that the end of the month payment is just to buy more time again, at which I'm uncertain if he's even going to be able to make it, as he himself agreed to and looks like will be missing the October 1st deadline.

Quote from vivahate :
he sounds like a prize twerp.

To answer your question, I don't think you're being unreasonable or wrong. And I usually do think the OP is wrong in these types of threads :-) (not you personally)
I was worried that I was being very unreasonable, but some of my friends pointed out that I've been way too patient to even consider 3 months and not even think of interest, etc. I still do not really care about trying to get some form of late payment compensation, I just want the end of my bargain on the deal.

Quote from prozac4312 :
TBH--I'd say F 'em and keep the PS3. If he can't come up with $50 for a phone, how is he going to afford to pay for an attorney?
I was thinking just that, although my friend indicated that some lawyers do agree to jobs without advanced payments?

This is starting to irk me. I just want my $50. =( Over the months, I just feel like the only way I'm ever going to see the money or to get things rolling along is if I put forth my ultimatum. If not, it's going to repeated weeks of not having it and "promises" of getting it soon.
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Joined Jul 2007
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> bubble2 25,192 Posts
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Rebound
09-27-2011 at 02:40 PM.
09-27-2011 at 02:40 PM.
Possession is 9/10 of the law. You have the PS/3. *He* has nothing in writing which states that the PS/3 belongs to him. Clearly, if you'd never obtained the PS/3, you would be out $50. You did what you said, he has not.

You gave him an ultimatum, it's fair. Either he gives you the $50 by some date, or the PS/3 is yours. If he asks for an extension of even one day, make him sign a letter that you write, which puts everything in writing. You don't need to be a lawyer to do this. Sleep well.
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Joined Sep 2009
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> bubble2 7,035 Posts
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prozac4312
09-27-2011 at 02:40 PM.
09-27-2011 at 02:40 PM.
Quote from amaf21 :
you probably have every right to keep the ps3 since he owe you the money and he handed you the ps3 willingly as part of the deal. But as a compromise, set a date and tell him you will sell the ps3 after that date to recover your $50, and give the rest to him. I'm sure you can get a lot more than $50 for the ps3. This is really up to you though if you want to be nice.
f.t.n.
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Joined Apr 2005
lurkz
> bubble2 6,071 Posts
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Mixels
09-27-2011 at 02:52 PM.
09-27-2011 at 02:52 PM.
Quote from AMAF21 :
You probably have every right to keep the PS3 since he owe you the money and he handed you the PS3 willingly as part of the deal. But as a compromise, set a date and tell him you will sell the PS3 after that date to recover your $50, and give the rest to him. I'm sure you can get a lot more than $50 for the PS3. This is really up to you though if you want to be nice.
If you went to an attorney arguing you have a claim on a PS3 offered as collateral for a $50 loan and want to sue because the deal went bad, the attorney would laugh at you. You could sue for $50, which is the implied value of the PS3. A claim for $50 is absurd. Even if the value totaled in the several thousands of dollars, the claimant can't possibly have any evidence at all that his or her claim is justified.

@OP, keep the PS3. The guy's trying to scam you. The PS3 is probably stolen, but there is no evidence suggesting that (meaning you have no real reason to believe that it is).
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Last edited by Mixels September 27, 2011 at 03:00 PM.
Joined Sep 2009
Master Jedi
> bubble2 7,035 Posts
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prozac4312
09-27-2011 at 02:53 PM.
09-27-2011 at 02:53 PM.
Quote from PoisonWolf :
I guess I used the wrong wording there. I meant just take the PS3 as collateral. In our e-mail exchanges, which I have the entire 100+ bulk of, I used the term collateral from the start till end. He used the term for me to "hold on to" or "give up". I don't believe we ever properly agreed to it. In my last "subtle" indicator however, I did mention that at some point, I would have to take the PS3 as "collateral" though, to ensure that I made my intentions clear.

In my last e-mail to him this morning, I highlighted the discrepancy there that he has the money to get a lawyer, but not the money to get a happy-ending through with our deal. He ignored his point in his response and stuck to the "I will only get my last paycheck at the end of October and if you cant wait I will be forced to get a lawyer, I am not joking okay".

Firstly, I thought people in the US operated on a bi-weekly payment scheme? I've never heard of a monthly payment scheme, unless if that is what the employee opts in on?



I've been told by some friends that this guy was doing exactly this, and that he would keep threatening me with a lawyer or that the end of the month payment is just to buy more time again, at which I'm uncertain if he's even going to be able to make it, as he himself agreed to and looks like will be missing the October 1st deadline.



I was worried that I was being very unreasonable, but some of my friends pointed out that I've been way too patient to even consider 3 months and not even think of interest, etc. I still do not really care about trying to get some form of late payment compensation, I just want the end of my bargain on the deal.



I was thinking just that, although my friend indicated that some lawyers do agree to jobs without advanced payments?

This is starting to irk me. I just want my $50. =( Over the months, I just feel like the only way I'm ever going to see the money or to get things rolling along is if I put forth my ultimatum. If not, it's going to repeated weeks of not having it and "promises" of getting it soon.
http://en.wikipedia.org/wiki/Pro_...al_counsel

...seems unlikely though.
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Joined Jul 2007
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> bubble2 25,192 Posts
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Rebound
09-27-2011 at 03:47 PM.
09-27-2011 at 03:47 PM.
Stick with the October 1 deadline. If you're willing to give him one more week, then make him sign a letter which indisputably gives you ownership of the PS/3 if he doesn't give you the $50. If this guy doesn't have $50, then he sure isn't going to hire a lawyer.
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Joined Oct 2005
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> bubble2 12,019 Posts
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jbloggs
09-27-2011 at 03:58 PM.
09-27-2011 at 03:58 PM.
CL Transaction lesson #1 - Full cash upfront else no deal. Big Grin
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> bubble2 14,826 Posts
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UniformedHorse
09-27-2011 at 04:00 PM.
09-27-2011 at 04:00 PM.
Also, does he think it's free to file in small claims court? The only lawyer he will be getting is Charlie from "It's Always Sunny"
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