I purchased a hat from a fitness clothing retailer...very small startup company. After about a week and a half I inquired with the "owner" if it had shipped yet. He said he was out of town and would ship it first thing the next morning. After about another week and a half I had not received a tracking number and contacted him again. He told me he was not able to ship it out yet. He told me that he would ship it out as soon as possible. A few days later it had not shipped so I reversed the transaction with my bank. Now he is texting me saying he is taking me to court and is going to sue me for the hat...attorney and court fees...and a restocking fee.
Can they sue you? Yes, they can. But, from your posted facts, you are only slightly more likely to be sued than the retailer is to win. It is a simple contract case. You performed and the retailer did not. Since the retailer did not ship the hat, I find it difficult to imagine a set of facts where it has any damages, an element of a viable contract case. But, if you are sued, get an answer on file (to prevent a default judgment from being entered against you) and, depending on the amount in dispute, consult a lawyer.
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How much did the hat cost? More likely than not, the retailer is not going to sue you. Unless the hat was worth thousands of dollars, there is no point in suing you. I wouldn't be worried about it - especially since he still hasn't shipped the hat.
Was it a specialty hat, made specifically for you? There is a certain set of facts that could allow him to win (though highly unlikely). Again like the other's have already posted it is highly unlikely that he will sue.
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