PhoebeTallulah
New Member
Hello, I need some advice please:
I advertised a cabinet to sell on Craig's List (which is similar to an online version of a local Trading Post) for $90. A woman responded, came to look at the cabinet and insisted upon giving me $90 cash to hold the cabinet until she returned the next day. Of my own accord, I created and provided her a receipt.
The next day, she didn't show. At the end of the day, she called and said she would be back "weekend after next".
She never showed or called again.
I did not retain her contact information as I felt the onus was on her to come get the cabinet.
After more than 4 weeks, I sold the cabinet to someone else.
After 6 weeks, she emailed me at midnight stating she could come the next day.
I replied that I no longer had the cabinet, assuming she didn't want it, and would gladly fully refund her money right away if she provided an address.
She said she was sorry for not contacting me sooner and asked me to send her money back via money order and provided her address.
Several hours later, she emailed again and stated that I had no right to sell the cabinet, and that she didn't want her money and instead wanted me to produce the cabinet.
I replied that that was not possible and that her money order had already been sent.
She then threatened to take me to small claims court and to report me to the Attorney General's office for internet fraud.
I replied that her money was refunded to her as per her written request and that further contact from her would be construed as harassment.
Does she have any sort of valid argument? I feel that I accepted her deposit in good faith and that she relinquished her claim on the cabinet by not picking it up in a reasonable or timely manner. It's not as if I didn't return her deposit. I can't retrieve the cabinet even if I wanted to.
Any thoughts would be appreciated.
PS: I should add that I am not a business of any sort, I am a private citizen who was selling a piece of furniture of mine.
I advertised a cabinet to sell on Craig's List (which is similar to an online version of a local Trading Post) for $90. A woman responded, came to look at the cabinet and insisted upon giving me $90 cash to hold the cabinet until she returned the next day. Of my own accord, I created and provided her a receipt.
The next day, she didn't show. At the end of the day, she called and said she would be back "weekend after next".
She never showed or called again.
I did not retain her contact information as I felt the onus was on her to come get the cabinet.
After more than 4 weeks, I sold the cabinet to someone else.
After 6 weeks, she emailed me at midnight stating she could come the next day.
I replied that I no longer had the cabinet, assuming she didn't want it, and would gladly fully refund her money right away if she provided an address.
She said she was sorry for not contacting me sooner and asked me to send her money back via money order and provided her address.
Several hours later, she emailed again and stated that I had no right to sell the cabinet, and that she didn't want her money and instead wanted me to produce the cabinet.
I replied that that was not possible and that her money order had already been sent.
She then threatened to take me to small claims court and to report me to the Attorney General's office for internet fraud.
I replied that her money was refunded to her as per her written request and that further contact from her would be construed as harassment.
Does she have any sort of valid argument? I feel that I accepted her deposit in good faith and that she relinquished her claim on the cabinet by not picking it up in a reasonable or timely manner. It's not as if I didn't return her deposit. I can't retrieve the cabinet even if I wanted to.
Any thoughts would be appreciated.
PS: I should add that I am not a business of any sort, I am a private citizen who was selling a piece of furniture of mine.
Last edited:
