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by ddurkof
Fri Apr 18, 2014 9:43 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Question on private sale of firearm refund
Replies: 57
Views: 7118

Re: Question on private sale of firearm refund

I have dealt with small claims court on other things and it is easy to win, IF you are right.

Most used items are sold as is, if there is no written guarantee. He would have to prove that it was:

1. defective
2. a reasonable person would have known this and then hid it from the buyer

To prove this in court, he has to hire an expert to testify. This gets expensive. You get to cross examine the expert and make them prove that they are an expert.

One more thing is he has not given you a demand for payment that is acceptable in a Texas court of law. "I sent an email" doesn't meet the standard of service. You have to give notice by certified mail and regular mail, or have some third uninterested party serve you with the demand. The demand normally includes a reasonable time to respond. I normally give ten business days from the date of service of the demand letter.

Along with cross examining his expert even if he wins you can appeal it to county or district court. Not to mention asking for continuances.

Also, if he does sue you, file a counter suit and remember to ask for attorney's fees in your original petition. He will realize that if he loses it could get real expensive for him.

If he happens to send you a demand letter, respond with a general denial of the allegations. I would also include a level of discovery so that you can ask interrogatories prior to going to court. Make sure you send him the denial by certified and regular mail. At this point in time can he even prove the gun that he claims you sold him is the gun in his possession? You could testify that you do not recognize the weapon that is the same one you sold him. How could he prove otherwise?

You also have no proof that he did not use the weapon in a crime. Once the weapon left my possession, it is sold.

Most IMPORTANTLY now that he has threatened you with a law suit, have no further communications with him. Don't return emails. If he calls, do not talk to him. Tell him to put all correspondence in writing.

Good luck.

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