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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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. 


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