What are my rights if I bought a $600 gift certificate from a massage and day spa but then they closed their doors?

I heard they were filing for bankruptcy. Can I still sue them in small claims court or are they protected even though they committed fraud?

Asked on March 8, 2015 under Bankruptcy Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Fraud how?  Becuase they knew they could not honor the purchase?  That could be tough if you bought it from some one at say the front counter who was not the owner or other person with personal knowledge of the status of the business.  If you choose to sue them then do it quickly to obtain a judgement. You will have to file as a creditor once they file. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.