Q: Lowes is attempting to sue my husband for nonpayment for a hotwater heater we never took delivery on. Should we fight?
We ordered a hot water heater from Lowes Home Improvement then found out it wouldn't work for our house hold. We ended up getting a hot water heater from a different, and more local company. We called to cancel the order, they said it would take several weeks to get our money back. We aren't the kind of family that can be down $700 for weeks on end, and afford to install a new hotwater heater. So since the order was canceled, my husband stopped payment on the check.
We never took delivery on a hotwater heater from Lowes home improvement, nor do we have $700 available to just make this go away. I don't know what to do.
A:
It's not clear from your question whether you have in fact been sued or the creditor has simply threatened to file suit. You also don't say whether or not you've discussed the issue with Lowe's and whether they acknowledge that you did not take delivery on the water heater. It would be worth your while to talk with a local collections attorney as soon as possible and explain in detail what happened, what type of documentation you have and what communications or court papers you have received regarding this claim.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
