What can I do if a customer of mine bought an item from my company priced at $14,000 and gave me a down payment for $6,000 but after 1 month wanted to return it?

We are now 90 days after the purchase and the item was never returned and this is because he doesn’t want to pay me from his down payment, the delivery expenses and some modifications he required. He is basically holding as blackmail my product now more than 90 days.

Asked on September 29, 2015 under Business Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the customer for breach of contract / account stated.  Your damages monetary compensation you are seeking in your lawsuit would be the unpaid balance plus late charges and interest.
After obtaining a court judgment against the customer, you can enforce the judgment with a wage garnishment.  You can also enforce the judgment with a lien on property owned by the customer.


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