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Sold an Item but the Buyer Never Paid Me - How to Get It Back

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  • 04-17-2011, 07:25 AM
    DSM1989
    Sold an Item but the Buyer Never Paid Me - How to Get It Back
    My question involves personal property located in the State of: Florida

    OK, I hope this is the correct place to post this... here we go.

    I owned a saddle that I no longer need because I had to sell my horse. A friend of a friend wanted to buy it, and we agreed on a price of $700. The deal was that she could make an initial deposit, and then pay the remaining balance on April 1st. She picked up the saddle on Feb. 20, and said she just wanted to try it before making the deposit to make sure it fit her horse and that she liked it. On Feb. 22, I sent her a text message asking if she would like to buy it. She said yes, and that she would send me a deposit. Well, days kept going by and I didn't get the deposit, and she kept coming up with different excuses, and kept saying that she would send it tomorrow, the next day, the next week, and so on. Towards the end of March, I finally got the deposit--and it was only $50, not $200 like I was expecting. When I texted her about that, she apologized profusely and said she would send me $650 on April 1st. On April 3rd, I texted her and asked if she sent it. She said her bank would send it out on 4/8-- she apparently goes to her bank, adds me to her "bill pay" and they mail me a check. The check should have arrived by 4/11. Well, it's still not here, so I texted her. Her response was "WOW I can't believe you haven't gotten it yet! I will cancel the one I sent and reissue it." I replied to her saying that I wanted her to get me a money order than I would come get in person, rather than waiting on her bank--it takes them about a week to issue the payment from the time she requests it. Since I told her that, she has not replied to me. I am going to call her one more time and tell her that I either need to come get the $650 this Wednesday, or I need the saddle back. I'm pretty upset that she's had my saddle for nearly 2 months and I've only seen $50. I don't believe that she is actually going to pay me... every time I ask her if she has sent my money, she has a new excuse.

    Here's my question -- HOW do I get the saddle back if she doesn't want to just hand it over? Can I call the police and have them escort me to her place to get it -- I know where her barn is but I don't want to get arrested for trespassing, lol. Or would I have to take her to small claims court or what? What do I do if she sold it to somebody else? All of this communication has been done by text and she clearly acknowledges that she owes me $650. Sorry this was so long, any input would be greatly appreciated!
  • 04-17-2011, 08:51 AM
    Mr. Knowitall
    Re: Sold an Item but the Buyer Never Paid Me - How to Get It Back
    You don't "get the saddle back if she doesn't want to just hand it over". In terms of he police, you sold the saddle and received partial payment so this is a civil matter. You can sue her in small claims court. If she sold the saddle to somebody else, that doesn't change it from being a small claims action.
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