problematic consumer- What are the rights for this case

[JMW9591]

Thank you in advance for you help,

I own a small business, also work my own full time job besides. recently had a consumer file a claim with the BBB against my small company, I sent them a notice of resolution saying we were canceling the customers order and issuing a refund, which is my policy. The refund has been sent..it should be in the customers hands today. he was not happy with that.. and has not gone back to the BBB and told them. The BBB has closed the case citing my resolution was good to close the case

This customer has now filed a claim in Sullivan superior court in Indiana.

my question to you is:

What happens to the case based on the fact that I wont be able to go there, It does say if i don't appear its automaticaly in favor of the plaintiff. If im not mistaken does he not need to file here in Erie County, New York if he is to file that claim? And should I contact the court myself about the issue.

 

[Gail_in_Georgia]

What is his claim against you for?

Gail

 

[JMW9591]

The plaintiff is making a claim for $475.00 bucks

The consumer was sent a check for $387.50...he has not signed for it yet as according to tracking it's sitting at the post office.

This was the total amount this person is owed with the discount he got on his invoice. The plaintiff claims $475.00 as that was the full non discounted value of the invoice.

Im honestly not sure if I can send the court documentation to get it tossed or should I contact a lawyer to make some calls to try and get it resolved.

 

[JMW9591]

Or should I just cut my losses and send him the extra $87.50 and send copies of the checks to the court saying that he is paied in full so why would there still be a dispute.

I thank you for your reply and answer

 

[ndragon]

I would send the court documentation showing the original invoice amount with the discount applied. If the refund was made to cover the amount paid based on the original invoice and the plaintiff is trying to get more, he can't.
Show proof of the invoice and the refund check to the court and see what happens.

-Nick