QUESTION
What can I do if someone served me in Magistrate Court over a Craigslist purchase?
Asked on Apr 21st, 2014 on Litigation - North Carolina
More details to this question:
In the Fall of 2013, a woman made an inquiry for a custom table after viewing a Craigslist ad. She was informed my husband was just doing it as a hobby and after seeing a piece in person, moved forward with a purchase. Was ecstatic with the purchase upon picking it up, but several weeks later requested a refund. Now, almost 6 months later she has served us with a lawsuit asking for her money back plus legal fees, because the leg is broken on the table and she says it was never made good enough. Does she have any merit? The table was in excellent condition when it left out home and she was very happy with the purchase (Even sending me a picture of how great it looked in her home after getting it set up!)
10 ANSWERS
Ronald A. Steinberg
Yes she can sue. You need a lawyer who can cross examine her. She may need an expert to testify that the table was not made well, because she is not legally competent to say that. However, she can make out a valid case by how she does testify to the facts. Get a lawyer.
Answered on May 14th, 2014 at 2:01 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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I presume you were served in small claims court. First, unless there was a written contract with an attorney's fee provision, she cannot recover attorney fees (and neither can you). Secondly, I do not think there is any implied warranty with her purchase. I don't know what your ad said, but from you have relayed, she has no case. But you still have to show up for the hearing. If you lose, you can appeal. If you win, she cannot appeal. If you lose and appeal, you have the right to have legal counsel represent you at that time.
Answered on Apr 23rd, 2014 at 5:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like she broke it, but you will still have to defend the case. Alternatively, your husband could offer to repair the leg as her sole remedy. I doubt she will take it. She probably just wants her money back. Sounds like a cheat.
Answered on Apr 23rd, 2014 at 5:29 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Sounds really suspect... like she broke the table. She certainly inspected it prior to purchasing it and a broken leg would not be too difficult to see if it was there. I don't think her case has merit, but don't ignore the case. Make sure you respond to her allegations.
Answered on Apr 23rd, 2014 at 5:29 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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As there was no contract with warranties, you should prevail as it was sold as is. Without contract which makes provision for attorneys fees, you cannot be held liable for them.
Answered on Apr 23rd, 2014 at 5:29 PM
The questions it failed. If it was as a result of misuse or mishandling by the user, that would be the plaintiff-purchaser's problem. The challenge will be for plaintiff-purchaser to prove a defect in manufacture or materials. Based on the facts provided it is unclear who is liable.
Answered on Apr 23rd, 2014 at 5:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have to serve and file an "Answer" in which you deny the claims. Affirmative defenses and counter-claims might be in order as well.
Answered on Apr 23rd, 2014 at 5:29 PM
Edwin K. Niles
Sorry, we an only give advise in Cal.; I am not licensed where ever they have ?Magistrate Court?.
Answered on Apr 23rd, 2014 at 5:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you are going to have to defend yourself, and further that she probably has no case with the evidence you have stated you are in possession of.
Answered on Apr 23rd, 2014 at 5:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I assume the other person has a different story to tell. You need a lawyer in the small claims court to help you.
Answered on Apr 23rd, 2014 at 8:24 AM