I am being threatened with small claims over a purchase. Due to the economy I am unable to keep up with the agreed upon payment

Asked 10 months ago - Santa Maria, CA

Can I just give the seller the item back? Can the court force me to pay her, can they force me to sell other items that are necessary for me to make a living? I don't have much in the way of assets and am barely scraping by in these hard times. The seller has been quite threatening towards me. I would really like to just give the item back but the seller states they don't want it back. If that is my only option can I make them take it back instead of continuing the payments? thanks

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    Answered . This is an excellent opportunity to utilize the mediation process with a third party mediator. You can often obtain free to low cost mediation on such matters. It would appear that both parties would benefit from understanding how a mediated settlement would serve the best interest of all.

    Shawn Jackson - Business Development Attorney

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    Answered . No, you cannot force a seller to take back an item in lieu of payment of your debt. You promised to make payments, and if you fail to do so the seller can obtain a court judgment against you. Once judgment has been entered, the judgment creditor can seize your assets and garnish your wages to collect the money you owe.

    There are, however, limits on asset seizures and wage garnishments. But if the creditor obtains a judgment against you, figuring out what those limits are and how to enforce them may be difficult. At that point your best bet may be to protect your assets through bankruptcy.

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    Answered . I agree with Attorney Barnes! Mediation will not work where you have no legal right to withhold payment.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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