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Legal Advice - Being Taken to Small Claims Court

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Dural

Dural

Member
Last December I bought an engagement ring from a local jeweler. I paid for it in full then picked it up at the end of the week (the stone had to be set), the next week the store called me and said they made a mistake and charged me wrong and I needed to come in and pay for the rest of it. Now they are taking me to small claims court claiming that I opened a charge account (I didn’t) and have a balance owed on it that I didn’t pay. The amount isn’t very much ($750), so it seems pointless to me to hire a lawyer to defend me when they will cost more than the suit itself. What I’m wondering is if they have a case, if I go to court and lose I’ll end up paying thousands due to court costs and their lawyer fees.
 
M

Moral Panic

Member
I don't think small claims court has very high court costs / lawyer fees. Maybe they'll ask you to be on Judge Judy and get paid.
 
L

Like the hat?

Banned
Ask to see where you signed up for a credit account with them.if you signed something, even without realizing it,it might be best to just pay it off.

Based on what you said though, sounds like they have nothing on you. The small claims court thing might just be a way to try to scare you into paying.
 
K

kirblar

Member
Dural said:
Last December I bought an engagement ring from a local jeweler. I paid for it in full then picked it up at the end of the week (the stone had to be set), the next week the store called me and said they made a mistake and charged me wrong and I needed to come in and pay for the rest of it. Now they are taking me to small claims court claiming that I opened a charge account (I didn’t) and have a balance owed on it that I didn’t pay. The amount isn’t very much ($750), so it seems pointless to me to hire a lawyer to defend me when they will cost more than the suit itself. What I’m wondering is if they have a case, if I go to court and lose I’ll end up paying thousands due to court costs and their lawyer fees.
Click to expand...
Sounds like you're not the first person they've tried to scam.
 
Dural

Dural

Member
No such thing as customer service anymore and due to the way I've been treated the wedding bands are being bought from another jeweler. It just really pisses me off cause they are strong arming me into paying for their mistake.
 
S

syllogism

Member
Did they actually charge you wrong? That is to say, do you have any idea if the ring is worth what they are claiming? Is it engraved?
 
Dural

Dural

Member
Like the hat? said:
Ask to see where you signed up for a credit account with them.if you signed something, even without realizing it,it might be best to just pay it off.
Click to expand...

That's the thing, they don't have anything showing I signed up for a charge account. When I first went there I wasn't sure if I wanted the ring but for them to hold it they needed $100. So $100 was put down to hold it in layaway and that is what they are using as saying I opened a charge account. No where on that receipt does it say anything about a charge account.
 
D

Deleted member 1235

Unconfirmed Member
Dural said:
No such thing as customer service anymore and due to the way I've been treated the wedding bands are being bought from another jeweler. It just really pisses me off cause they are strong arming me into paying for their mistake.
Click to expand...

go there talk to them, ask to see their documentation on you opening a charge account. have them point out the phrasing in the document they signed. If they can't do that, throw feces at them and walk out.
 
tekumseh

tekumseh

a mass of phermones, hormones and adrenaline just waiting to explode
Do you have a receipt showing the original charge? Did you receive paperwork when you picked it up reflecting the price you paid? If so, you don't likely need an attorney. Take your paperwork with you to the claim hearing and enter it as your proof that they tried to charge you more after you had already taken possession. That should resolve it. If you signed documentation from your original purchase, you should still be ok, even without your original paperwork, so long as you never signed anything after you paid it in full and then picked up the ring. Anything they might have reflecting other information,or that you acknowledged the higher price, instead of what you originally signed or have copies of would obviously be manufactured and easily dismissed. Good luck!
 
Dural

Dural

Member
I have the original receipt from the $100 being put down and the price there is the higher price than what I paid a week later. All that was signed was for them to be able to remove $100 from my account. When I went in a week later to pay in full she rang it up and it was $750 cheaper, I was just thinking it was on sale or they gave me a discount. That receipt shows a price to pay when picked up and it shows that I paid that price. I then picked up the ring four days later, they said nothing at the time about me owing anything. It wasn't until a week later that I got a call and they said they charged me wrong.
 
The Faceless Master

The Faceless Master

Member
Dural said:
I have the original receipt from the $100 being put down and the price there is the higher price than what I paid a week later. All that was signed was for them to be able to remove $100 from my account. When I went in a week later to pay in full she rang it up and it was $750 cheaper, I was just thinking it was on sale or they gave me a discount. That receipt shows a price to pay when picked up and it shows that I paid that price. I then picked up the ring four days later, they said nothing at the time about me owing anything. It wasn't until a week later that I got a call and they said they charged me wrong.
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well, with those receipts it sounds like you've got a lock. just go to court with those.
 
S

syllogism

Member
So you initially were fine paying the price they are currently asking, but aren't anymore even though they clearly made a mistake?
 
Dural

Dural

Member
They seem to think that the layaway receipt constitutes a charge account being opened and me agreeing to this higher price. I just wasn't sure if there is anyway that could be.
 
tekumseh

tekumseh

a mass of phermones, hormones and adrenaline just waiting to explode
The Faceless Master said:
well, with those receipts it sounds like you've got a lock. just go to court with those.
Click to expand...

I agree. It was obviously a bookkeeping error on their end, and you are not responsible for that. It's totally their mistake and completely their loss...
 
Dural

Dural

Member
syllogism said:
So you initially were fine paying the price they are currently asking, but aren't anymore even though they clearly made a mistake?
Click to expand...

I never agreed to that price, I wasn't sure if I wanted it that's why I came back a week later.
 
S

Skel1ingt0n

I can't *believe* these lazy developers keep making file sizes so damn large. Btw, how does technology work?
Tell them you look forward to the court case and then counter sue for defamation of character and emotional distress.

/Dick Wolf
 
L

Leona Lewis

Banned
Try to get on one of those televised court shows. That way the producers will pay any judgment either in or against your favor (and give you a couple extra $$$ to fly you out to a swanky hotel in California). And since both parties agree to a binding arbitration, the jeweler can't sue you again.
 
tekumseh

tekumseh

a mass of phermones, hormones and adrenaline just waiting to explode
Layaway is specifically NOT a charge account, since generally there is no charge for placing something in a layaway, so long as you pay for and pick up the item within a prescribed window of time. They're trying to scare you into paying them the additional amount to amend for their mistake...
 
Dural

Dural

Member
Leona Lewis said:
Try to get on one of those televised court shows. That way the producers will pay any judgment either in or against your favor (and give you a couple extra $$$ to fly you out to a swanky hotel in California). And since both parties agree to a binding arbitration, the jeweler can't sue you again.
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That would be nice, could use it for my honeymoon too. LOL.
 
M

MThanded

I Was There! Official L Receiver 2/12/2016
Allforce said:
Don't forget to drop the mic after you present that receipt showing you paid in full.
Click to expand...
I present exhibit A

w2KByyL.jpg


Exhibit B
tumblr_miwnrdE4k41rbxfqjo1_400.gif
 
Dural

Dural

Member
tekumseh said:
I agree. It was obviously a bookkeeping error on their end, and you are not responsible for that. It's totally their mistake and completely their loss...
Click to expand...

That is exactly what it ended up being but they are trying to make me pay for it.
 
H

Hero_of_the_Day

Member
Yeah, I can't imagine you lose if you have a receipt showing you paid in full and they have nothing that you signed showing you opened any form of an account with them.

The fact that you have one receipt showing the higher price makes it a little hairy, but I would think a judge wouldn't force you to pay for their mistake, 'cause then they could bring anyone to court and claim they were supposed to charge more.

Don't be a dick and not update this story after you go to court. I want to know how this plays out.
 
Dural

Dural

Member
I won't forget, the initial date is 6/4 when I say if I accept or deny the charges against me then the actual court date will be set.
 
S

syllogism

Member
Hero_of_the_Day said:
Yeah, I can't imagine you lose if you have a receipt showing you paid in full and they have nothing that you signed showing you opened any form of an account with them.

The fact that you have one receipt showing the higher price makes it a little hairy, but I would think a judge wouldn't force you to pay for their mistake, 'cause then they could bring anyone to court and claim they were supposed to charge more.

Don't be a dick and not update this story after you go to court. I want to know how this plays out.
Click to expand...
It seems to me it depends on the exact content of the initial layaway agreement (this can be basically anything) and whether he could have in good faith have believed that the $750 difference in price was due to a discount. If they didn't show or tell their layaway terms, he is probably in the clear.
 
Dural

Dural

Member
I read the layaway terms last night and they don't even relate to what happened. Their terms for layaway are that you put 20% down, which I obviously didn't do with $100, then pay the balance off within 90 days.
 
Squirrel Killer

Squirrel Killer

Member
Dural said:
I have the original receipt from the $100 being put down and the price there is the higher price than what I paid a week later. All that was signed was for them to be able to remove $100 from my account. When I went in a week later to pay in full she rang it up and it was $750 cheaper, I was just thinking it was on sale or they gave me a discount. That receipt shows a price to pay when picked up and it shows that I paid that price. I then picked up the ring four days later, they said nothing at the time about me owing anything. It wasn't until a week later that I got a call and they said they charged me wrong.
Click to expand...
Let me see if I've got this straight, I'll use italics for facts and figures I'm pulling out of my ass...

You see a ring on sale for $2,000, and want to think about it before buying it, so you put $100 to put it on layaway. You don't sign anything as you give them the $100. You go back a week later to buy it, thinking it'll be $1,900 to pay it off. They have you sign something to apply the $100 to the purchase and ring you up for $1,150 ($2,000 - $750 - $100.) You don't mention the $750 discrepancy, assuming it's on sale or something. They give you a receipt that shows you paid the full $1,250 price for the ring. A week later they call you regarding the price discrepancy. You don't call them back. Four months later, they're taking you to small claims court.

In most cases, layaway is not a charge account. That's why anyone who fronts the cash is able to put stuff on layaway. What you signed, however, is important. If it says that their layaway plan is a charge account, guess what, it's a charge account.

The final price is probably a separate issue. Assuming whatever you signed doesn't say anything about layaway or paying via a charge account affecting price, your receipt should protect you.
 
Dural

Dural

Member
Squirrel Killer said:
Let me see if I've got this straight, I'll use italics for facts and figures I'm pulling out of my ass...

You see a ring on sale for $2,000, and want to think about it before buying it, so you put $100 to put it on layaway. You don't sign anything as you give them the $100. You go back a week later to buy it, thinking it'll be $1,900 to pay it off. They have you sign something to apply the $100 to the purchase and ring you up for $1,150 ($2,000 - $750 - $100.) You don't mention the $750 discrepancy, assuming it's on sale or something. They give you a receipt that shows you paid the full $1,250 price for the ring. A week later they call you regarding the price discrepancy. You don't call them back. Four months later, they're taking you to small claims court.

In most cases, layaway is not a charge account. That's why anyone who fronts the cash is able to put stuff on layaway. What you signed, however, is important. If it says that their layaway plan is a charge account, guess what, it's a charge account.

The final price is probably a separate issue. Assuming whatever you signed doesn't say anything about layaway or paying via a charge account affecting price, your receipt should protect you.
Click to expand...

Yeah, that's what I thought. I'll read the fine print on the layaway receipt again tonight. Thank you.
 
Dural

Dural

Member
Nope, and I just had my credit checked as we were looking at getting a house. I never gave them my social security number or anything. Didn't apply for anything from them.
 
The Faceless Master

The Faceless Master

Member
syllogism said:
So you initially were fine paying the price they are currently asking, but aren't anymore even though they clearly made a mistake?
Click to expand...

well of course. you're quoted a price and are iffy but put down a downpayment. then come to pay in full and they drop the price, so you pay it. then later they are like "whoa there buddy, we want the original price back" why would you feel anything but disgust?
 
diffusionx

diffusionx

Gold Member
Seems to me that they goofed, you don't owe anything.

But just to be a good sport offer them like $200 to make it go away.
 
Phoenix

Phoenix

Member
Dural said:
Last December I bought an engagement ring from a local jeweler. I paid for it in full then picked it up at the end of the week (the stone had to be set), the next week the store called me and said they made a mistake and charged me wrong and I needed to come in and pay for the rest of it. Now they are taking me to small claims court claiming that I opened a charge account (I didn’t) and have a balance owed on it that I didn’t pay. The amount isn’t very much ($750), so it seems pointless to me to hire a lawyer to defend me when they will cost more than the suit itself. What I’m wondering is if they have a case, if I go to court and lose I’ll end up paying thousands due to court costs and their lawyer fees.
Click to expand...

Depends on what evidence they have of the things they allege. Court is all about evidence - you need to attack the evidence and the merits of that evidence. If you didn't sign something or agree to something, etc. you need to make them show that you did. If they don't have any credible evidence, ask for it to be dismissed (Motion for Dismissal). That's pretty much all the attorney is going to do for you - though (s)he will have done a million times by now.

Most times the courts are going to send you guys out and try to settle it before the case. If you want to settle it, you can settle it there. You can also ask to see their evidence at that point to determine how much of a case they have. To have a contract there must be a "meeting of the minds" and no mutual mistake must have taken place. Its only if both parties made a mistake during the transaction that there really isn't a contract. Call your local court and ask for the free legal advice hotline - they will set you straight. You do absolutely want to discovery to get the evidence they have (you can get the forms from your local court) and subpeona their evidence and the person who produced it (subpeona dueces tecum). Lots you can do to defend yourself. Nolo has a very good book series on the matter (that you can get from the local library or local legal library). Its easy reading and in laymans terms as the Nolo books are for non-lawyers so that they can understand the system.

If you do your homework you can walk away from this without any issues. Know the system, know your rights, and have the balls to object to their evidence when its presented and you'll be fine.
 
Dural

Dural

Member
diffusionx said:
Seems to me that they goofed, you don't owe anything.

But just to be a good sport offer them like $200 to make it go away.
Click to expand...

I did, offered to pay for half when I first talked to them. They rejected that, said I had to pay it all or theyd seek legal action.
 
Phoenix

Phoenix

Member
Dural said:
I read the layaway terms last night and they don't even relate to what happened. Their terms for layaway are that you put 20% down, which I obviously didn't do with $100, then pay the balance off within 90 days.
Click to expand...

Just because you didn't put down 20% doesn't mean that the contract is void. Contracts have an "offer" and "acceptance". They can "offer" to provide you the ring with less than 20% down (of the full price) and if you "accept" you still are bound to the rest of the agreement. If its a layaway contract and you signed it, you're bound to its clauses.
 
S

sangreal

Member
are you sure they're not claiming you agreed to an installment plan for the original price? that would make a lot more sense than claiming you opened a charge account (which would make mistakes regulated by fair credit billing act)

edit:
Dural said:
I read the layaway terms last night and they don't even relate to what happened. Their terms for layaway are that you put 20% down, which I obviously didn't do with $100, then pay the balance off within 90 days.
Click to expand...

Yeah, I'd say you owe them the balance. I don't think you usually after pay attorney fees in small claims court, but it depends on the state
 
Phoenix

Phoenix

Member
sangreal said:
are you sure they're not claiming you agreed to an installment plan for the original price? that would make a lot more sense than claiming you opened a charge account (which would make mistakes regulated by fair credit billing act)

edit:


Yeah, I'd say you owe them the balance. I don't think you usually after pay attorney fees in small claims court, but it depends on the state
Click to expand...

Usually not for small claims court, but it depends on the judge and whether or not (s)he thinks the actions warrant it. In the States though, we don't normally do "loser pays".
 
Darren870

Darren870

Member
You cant use lawyers in small claims court and if you lose the cost would be about $100 in court costs.

I took someone to small claims court and they had to pay my fee if I won. We settled though before it got that far, but they were served.

Edit: lawyers is state by state, but you shouldn't have to pay their legal fees.
 
tekumseh

tekumseh

a mass of phermones, hormones and adrenaline just waiting to explode
No one anywhere would offer someone to take possession of an item from a layaway situation if they did not believe it to be paid for in full. That's the entire reason FOR layaway, to hold merchandise for a window of time so someone can make payments on it until it is completely paid for. Whoever it was that took his second payment believed it to be paid for in full. They are the party in error here, not the purchaser. Anything he offers to them towards this situation is out of his good will only, they have no claim to further payments from him...
 
C

Cat Party

Member
Based on your description, OP, I'd tell the jeweler to eat shit. Not sure what state you're in, but lawyers are usually not allowed in small claims. They goofed on the price. Their mistake. It's not like you paid 10% of the price or anything. 50% discounts are not strange for jewelry. You could reasonably believe that was the price.
 
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