How do you file a claim against someone who refuses to give back merchandise that they by contract do not own?

Question

The lady bought merchandise from our company and her credit was not accepted. In attempt to get our merchandise back i gave her a call and told her that her credit was insufficient and that we had to reposses the machine. She is refusing to give back the merchandise.

Answer 1

First advice don't let them leave with merchandise before running credit. Verify their credit first, then allow the merchandise to leave the store. (You most likely know this now)

Consult a local attorney, it may be considered theft. also look over your contract for credit see what you have disclosed as resolutions.

You may want to file a UCC on the items then depending on value file in local court for judgment wait until she is served and go to court. Hope to get a judgment and if necessary have law enforcement go with you to pick it up.

Answer 2

This is a really strange question. Normally when a credit card or debit card transaction takes place the card information and purchase price is transmitted to the card company. A temp hold is placed on that account and the merchant receives an authorization number. At that point you have a contract with the card company for the money. If the person doesn't pay it is up to the card company to get payment, not the retailer.

So what happened in your case? If the credit was refused by the card company and you didn't get an authorization number, and you gave her the merchandise, them you should pay for being stupid.