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Forum Thread

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.

209 Comments

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Joined Oct 2007
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s_T_Blue
09-28-2011 at 03:59 AM.
09-28-2011 at 03:59 AM.
Quote from greenmeansgoooo :
i agree with this and tell him he has until oct. 1st and not a day more.



there is a filing cost which varies by area, but close to $50.

If you should win your case in Small claims court. Your court cost are paid the defenant. (Ok, I watch a lot of Judge Judy!)


But the real lesson here is:
1) Just be he said "that he was good for it." (the balance). Means NOTHING!
If the transaction is not 100% cash in hand... walk away.

2) You did not have a written agreement/contract. Hard to prove. But you do have lot's of email from him. (Don't forget emails takes your time away, reading them and responding back.)

3) Learn from your mistakes. And if possible, learn from other's mistakes, first!
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Joined Aug 2007
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Jeffbx
09-28-2011 at 05:22 AM.
09-28-2011 at 05:22 AM.
Heh, this is a good story. Agree with everyone else- there's no way on earth he'll hire a lawyer. Any claim against you would have to be through small claims court where lawyers are generally NOT used (it's just you 2 & the judge), and court fees would almost certainly be higher than $50. So he absolutely won't hire a lawyer, and he almost certainly won't file anything against you in small claims.

Stick to the letter you wrote him - don't even respond if he offers any deviations from what you've laid out. Meet him in a public place along with a friend to collect your $50 (if he follows your instructions), and it would probably be a good idea to hang onto all of your correspondence with him for a while, just in case.
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Joined Feb 2009
Tryin to come originale
> bubble2 5,976 Posts
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tresanus
09-28-2011 at 06:44 AM.
09-28-2011 at 06:44 AM.
Quote from PoisonWolf :
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 get paid once a month. It kinda stinks, but does make paying all my bills all at once early every month...

And I work for a huge US defense consulting firm.. so it does happen some places (not saying this guy is telling the truth).

Either way, I'll give you 50 for that ps3! haha
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Joined Oct 2009
Shop smart. Shop S-Mart!
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ashcampbell
09-28-2011 at 06:51 AM.
09-28-2011 at 06:51 AM.
Quote from PoisonWolf :
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.
Pawn the PS3 for 50 bucks and leave him the claim ticket.
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kakomu
09-28-2011 at 07:53 AM.
09-28-2011 at 07:53 AM.
Quote from s_T_Blue :
2) You did not have a written agreement/contract. Hard to prove. But you do have lot's of email from him. (Don't forget emails takes your time away, reading them and responding back.)
The email exchange between OP and the buyer can be considered a contract. A contract does not necessarily have to be a singular document, explicitly bullet pointing all agreements with signatures at the bottom. In this case, the seller offered an item, the buyer countered with another offer. Both parties worked out the details via email and commenced the agreement with the transfer of goods and money.

The only detail missing is an explicit end date. Of course, the buyer has already breached his side of the bargain (hasn't paid the remainder), so any attempt by the buyer to get any recourse is going to fail miserably considering he, himself, is in breach of the contract.

Quote from prozac4312 :
http://en.wikipedia.org/wiki/Pro_...al_counsel

...seems unlikely though.
When talking with attorneys, I've found Pro Bono work to be frequently reserved for cases or causes that an attorney feels strongly about. This usually doesn't pertain to doofuses who can't pay their bills.

Quote from Rebound :
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.
Except maybe a receipt, box with serial number, record of purchase online, etc, plus a paper trail in the emails indicating that he will give the OP the PS3 as collateral. To suggest that the PS3 wasn't the seller's to begin with is dishonest and sure to backfire.

Quote from Jeffbx :
Heh, this is a good story. Agree with everyone else- there's no way on earth he'll hire a lawyer. Any claim against you would have to be through small claims court where lawyers are generally NOT used (it's just you 2 & the judge), and court fees would almost certainly be higher than $50. So he absolutely won't hire a lawyer, and he almost certainly won't file anything against you in small claims.
The guy is using the "I'll get a lawyer" line to try to scare the OP (akin to keyboard warriors saying that they will beat up other keyboard warriors on forums). To even consider that the buyer is telling the truth flies in the face of everything else that's going on in this matter, including:

- The guy doesn't have $50 to pay the seller, let alone an attorney or filing fees
- The guy is already in breach of the contract
- A PS3 is a paltry sum for a court action

The buyer has no legs to stand on.
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Last edited by kakomu September 28, 2011 at 07:56 AM.
Joined Sep 2009
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zzyzzx
09-28-2011 at 10:09 AM.
09-28-2011 at 10:09 AM.
I think I know where this is going to end up:

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Original Poster
PoisonWolf
09-28-2011 at 10:10 AM.
09-28-2011 at 10:10 AM.
Thank you everyone for all the responses thus far, I really appreciate it.

I do understand (and was what I actually initially proposed to him to which he said okay and that he'd get the money and get back to me; he later proposed to give something up and pay a portion of the first payment) that I should have just opted to wait for him to get all the money and would have avoided all of this fuss, but he seemed like he really needed the phone at the time. I was willing to help him out, but not at the expense of being too gullible, hence the collateral.

We'll see how this goes in the coming days.

This has probably been my most interesting Craigslist transaction. Naturally, the first time I decide to be nice on Craigslist and pull such a deal like this, I get whipped. Lawl.
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UniformedHorse
09-28-2011 at 10:48 AM.
09-28-2011 at 10:48 AM.
Quote from zzyzzx :
I think I know where this is going to end up:

This case would be comedy gold. I would love to hear him explain why he hasn't paid the $50 and now wants a lawyer involved
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brbubba
09-28-2011 at 12:13 PM.
09-28-2011 at 12:13 PM.
Quote from PoisonWolf :
I sent him my final response (I've included it here for your viewing pleasure?). I'm crossing my fingers that I don't have to make the choice which I will absolutely loathe.
Good luck! I would have made the cut off at one month and not a day more. Also as I'm sure you know by now, that anyone willing to give up a PS3 as collateral for $50 is far too desperate to be trusted. laugh out loud

Quote from tresanus :
I get paid once a month. It kinda stinks, but does make paying all my bills all at once early every month...

And I work for a huge US defense consulting firm.. so it does happen some places (not saying this guy is telling the truth).
I do too and I work for a multinational corporation with 50k employees. It blew at first, but does make things nice because you pay all your bills in one sitting for that entire month.
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daniel32
09-28-2011 at 08:53 PM.
09-28-2011 at 08:53 PM.
Quote from PoisonWolf :
Thank you everyone for all the responses thus far, I really appreciate it.

I do understand (and was what I actually initially proposed to him to which he said okay and that he'd get the money and get back to me; he later proposed to give something up and pay a portion of the first payment) that I should have just opted to wait for him to get all the money and would have avoided all of this fuss, but he seemed like he really needed the phone at the time. I was willing to help him out, but not at the expense of being too gullible, hence the collateral.

We'll see how this goes in the coming days.

This has probably been my most interesting Craigslist transaction. Naturally, the first time I decide to be nice on Craigslist and pull such a deal like this, I get whipped. Lawl.
let us know how it turns out
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DNN
09-28-2011 at 11:52 PM.
09-28-2011 at 11:52 PM.
how is he going to afford to pay for an attorney?
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V0RT3X
09-29-2011 at 12:04 AM.
09-29-2011 at 12:04 AM.
This thread is awesome, I'm subscribing to it, keep us updated with how things turn out
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ManUpOrShutUp
09-29-2011 at 12:05 AM.
09-29-2011 at 12:05 AM.
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?
^ This.

What kind of friggin' crackhead can't come up with $50 in 3 months?
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dollarbill
09-29-2011 at 04:49 AM.
09-29-2011 at 04:49 AM.
Make a contract and start charging him interest if he wants to wait. If he doesn't agree sell the ps/3 and give him the balance.
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Bmr4life
09-29-2011 at 09:43 AM.
09-29-2011 at 09:43 AM.
Quote from dollarbill :
Make a contract and start charging him interest if he wants to wait. If he doesn't agree sell the ps/3 and give him the balance.
That, or sell the PS3 and keep it all. That's how title loan places work. You put up your $5k car's title, they loan you $1k. You don't pay the $1k back (with interest) they keep your title, repo your car, sell your car, and keep ALL the money.

Quote :
If the borrower cannot pay back the loan or is late with his or her payments, the title loan lender may seek to take possession of the car and sell it to offset what is owed. Typically lenders choose this option as a last resort because it may take months to recover the vehicle, and repossession, auction and court costs all decrease the amount of money they are able to recoup.[2] During this time, the lender is not collecting payments yet the vehicle is depreciating. Most states require the title loan lender to hold the vehicle for 30 days to allow the borrower to recover it by paying the balance.
You've given him far more than 30 days. That PS3 is yours to sell. I would have sold it by now but I have very little patience when it comes to my money.

I thought about this some more, this guy owes you more than $50. They've had a $50 loan interest free for 3 months. If you sell the PS3 for $140, I would only give them back $50. I'd keep the extra $40 as interest and a selling fee. That or just keep the whole $140.

Lastly, this guy doesn't have a leg to stand on in court. NO lawyer will take this case pro-bono over a used PS3 (there's no winnings, lol). The lawyer fees would be more than a new PS3.
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Last edited by Bmr4life September 29, 2011 at 09:53 AM.
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