Can a furniture company take me to collections if they didn’t deliver my furniture and it’s been over 6 months?

UPDATED: Aug 2, 2011

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Can a furniture company take me to collections if they didn’t deliver my furniture and it’s been over 6 months?

I put $3,000 deposit for furniture that they said would be delivered in 6-8 weeks. After 6 mnthos and still nothing, I called my bank and they reversed it since I don’t have the furniture. Now the owner wants to deliver them but I don’t want it anymore since it took so long. The owner threatens to take me to collections for 50% of restocking fee, about $ 4,000. What should I do?

Asked on August 2, 2011 New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The furniture company can attempt submit your account to a collection agency but whether or not it will be successful in getting payment is up to you. From what you have written, the furniture company breached its agreement to you by failing to deliver the furniture you made a deposit for whin the agreed upon time or even a reasonable time afterwards.

You contacted your bank and terminated your deposit which is your right before the furniture was even attempted to be delivered. You do not want the furniture now. If the landlord continues to threaten you about taking you to collections, many states have laws against unfair business practices (threats to collections) and laws against unfair collection practices (unwarranted collection practices).

If that happens, consulting with a good business attorney to write a letter or letters on your behalf could end all future contact with the furniture company.

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 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.

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