Sued By Comic Store?

[JLayne]

So, I had a pull list at a local store for some time. I always stayed paid up on it for a few years up until about a year ago. I fell behind and had every intention of getting in there and picking it up but some financial issues stopped that. I fell further behind than I would have liked(probably $200 worth) after picking up a bit over $100 worth. I asked the clerk to go ahead and stop my list and I would come get the comics when I could.

Fast forward quite a few months later and I still haven’t retrieved my comics. My personal fault completely, I understand. However I received a letter threatening legal action from the owner for about 3 times what I should actually owe. While I accept fault for falling behind and am still happy to claim responsibility for what I truly owe, I’m more than a bit turned off by the threat, especially attached to a sum that’s incorrect. On top of that, he has made a habit of throwing tie-ins to my list which I have paid for previously and no doubt some of those titles are attached to my list now.

My question is, has anyone heard of legal action being taken? I’ve searched the web and have found zilch. Again, I accept blame for my part and this isn’t a “woe is me” post but I would like some insight into this if anyone has any.

[WillieMorgan]

I strongly doubt that you are liable for those comics. Pull lists are an informal arrangement between comic-book store owner and punter. Unless, by some miracle, you've signed some form of contract that legally ties you into holding up your end of the agreement

The guy's just trying to put the 'frighteners' up you. Sounds like he's pissed off at you for not collecting those issues and is trying to scare you into settling your debt. There is no basis for legal action there whatsoever.

You've cost this guy money though. He's ended up with a couple of hundred dollars worth of back issues that he's now stuck with. I doubt he'll want your custom again in the future. He has no legal claim on you though.

[Toreador]

Doubt he could make you pay. He still has the product to sell, it's not like you took the comics and then refused/were unable to pay. Similar thing happened to me, got behind on my pull lists frequently and eventually the comic shop cancelled my subscriptions and put the comics back in stock. It'll probably cost him more to hire an lawyer and file a suit than what he can collect.

[JLayne]

Thanks for the feedback guys. I kind of figured that was the case. I do want to make it right with the guy for the money I actually owe but the threat of suit was a bit over the top IMO and I’m not sure I’m as eager to make it right, although I ultimately hate hurting any small business.