I sold U$20k worth of cuban car flags to this individual, he paid me 50% and I ordered the factory to manufacture them. The flags arrive(on time) and when I try to cash the 50% advance, he chargeback the check and now claims that he had called to cancel the order and that he won't take the flags. I have a his check signed with a memo on the check that says "car flags".
Do you think I can win this in court?
2006-08-28 08:36:40 · 5 answers · asked by wb 2 in Politics & Government ➔ Law & Ethics
Are you telling us everything? Why didn't you deposit the check immediately instead of waiting until the flags were done?
2006-08-28 09:47:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
From your side of things, it sounds like a pretty clear breach of contract, for which you should be entitled to some recovery. As the other respondent indicates, however, actually recovering money on the judgment could prove difficult if your defendant is a career weasel.
2006-08-28 16:29:18 · answer #2 · answered by BoredBookworm 5 · 0⤊ 0⤋
If your state has a statute of frauds, you may run into some trouble without a written contract.
Contact an attorney who knows the relevant law. Most first time consultations are free. Good luck.
2006-08-28 17:39:51 · answer #3 · answered by blah 4 · 0⤊ 0⤋
Yes, unless he can come up with proof in writing that the order was canceled. Go for it. Winning the case is one thing. Getting him to pay is another story.
2006-08-28 15:40:44 · answer #4 · answered by Margie 4 · 1⤊ 0⤋
I'd have to hear his side of the story to give an opinion.
2006-08-28 16:59:29 · answer #5 · answered by Billy M 4 · 0⤊ 0⤋