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

UPDATED: Apr 11, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 11, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption