Can I send a customer to collection if they have ordered product from me and not picked it up nor paid for it?

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Can I send a customer to collection if they have ordered product from me and not picked it up nor paid for it?

I specialty ordered perscription glasses for a customer, called 3 times to pick up, sent 2 letters to home address. They have not paid and not picked up. I am unable to return for company credit due to specialty order from the manufacturer. Can I send them to collection if they do not have the product in hand?

Asked on April 11, 2012 under Business Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If they entered into an agreement to purchase the product, then the fact that they did not pick it up is irrelevant--they have to pay as per the agreement. Separately, the fact that you special-ordered non-returnable product on their representation that they would pay for the product also gives you a basis for holding them liable. Therefore, from what you write, you may take collections and/or legal action against the customer.


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