Can I be sued in small claims court for this?

Question

I sold a perfectly working laptop to a guy for $60. I tested all the functions on the laptop in front of this guy and he also tested it out himself. Everything worked fine. He calls me up 5 days later saying there are problems with the laptop and he wants his money back. I refuse and he says he wants to take me to a small claims court. There was no contract between me and him. He only has my name and my phone number .

Do I need to give him my personal information such as address and SSN?

Does he have a strong chance of winning the case against me?

Answer 1

Do not give him any of your information.  Let him get it the best way he can.  Also, make sure that when you go to court that you tell the judge that this guy tested it right in front of you before he took it.

Next time write AS IS on the receipt for sale.

Answer 2

Used items are typically sold without any warranty, unless a warranty is actually stated as a part of the sale.

NEVER give out your Social Security number.

In some instances, he can use your telephone number to locate your address using a reverse phone directory.  There are reverse phone directories on the internet.  If he wants to find you, he will unless your phone is a phone with an unlisted number.  Cell phones are almost always non-published numbers.

The only chance he has of winning is if you fail to show up for the hearing. You need to be able to defend yourself.  I really think all you need to establish was that the equipment was working at the time you sold it.

Answer 3

First things first. NEVER give out any personal info such as your SSN, DOB (date of birth),etc..Well what your telling us is that you sold him a " used " laptop. With out knowing your city/state, and how you sold this. Like ebay,or a local ad in the paper. Most states have a buyer beware of used items clause. I don't think he has a case since it took him 5 days to complain that it stopped working and the low price of the item. But as far as him getting your personal info. It's pretty easy to get info with a name, and number ( unless you used a cell number ). Just use yahoo people search and you will see what I mean.  

Answer 4

Uh..buyer beware. It's a 60 dollar laptop for God's sake.

Unless you gave him a specific warranty you are refusing to honor, tell him to pound sand.

Give him NOTHING

No.

Answer 5

he can take you to small claims court- you need to be able to prove that this stuff works, otherwise he will probably win. you might want to get a lawyer.. but it would be ALOT cheaper for you to just give him 60$, and get your laptop back.

Answer 6

Don't you DARE give him your address and SSN! He bought it AS IS! That means - too bad if something goes wrong with it! If he has no paperwork, how's he going to take you to small claims court?  He will have to pay to file and court costs if the case is thrown out! I don't see what the guy has to gain by sueing you!! Tell the guy, go ahead, it's your dime!! But don't give him ANY information about yourself! He probably screwed the laptop up himself, or tried to download something he shouldn't have!!  If you have a yard sale, do you expect people to bring things back if they don't work??  Of course not!!!

Answer 7

Anybody that ponies up the dough for a filing fee can file a suit in Small Claims Court, but that does not mean they will win - they have to prove their case by the preponderance of the evidence or they lose and are out the filing fee.  

In most states, the filing fee is more than $60 and as you sold the laptop for only $60

From what you indicate, you should be able easily refute his claim as:

1)  Laptop worked when it was sold.  You provided the laptop worked at the time of sale as both  you and he powered up the laptop and he had to opportunity to check it our prior to purchase.

2)  The laptop was only $60, which even if not expressed, is obvious that it was sold "as is".  You can easily argue for that low of a price any reasonable and prudent person would would realize the laptop was sold "as is".

3)  He had it in his possession for 5 days before calling to say it doesn't work and something his did to it AFTER the sale could have caused the laptop not to work.  As he had it for nearly a week, he could have dropped it, spilled something on it or downloaded a virus - anything that happened after the item was in his possession is not within your control.

You don't have to provide him with any further information and NEVER give out your SSN# - if he was so concerned about this information he had the opporunity to request it as a condition of the sale and he chose not to, if he wants to get hat information he could do a reverse phone search to get your address, but that is his problem not yours.  

You could point out the above 3 points if he calls you again and tell him it is his choice to pursue it in Small Claims Court, but he is not going to win.  If he does file suit, just make sure you show and state your case or he could win by default.  Small Claims is informal and you do not need a lawyer.