How canI get my money backfrom a furniture store that neverdelivered my bedroom set?

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How canI get my money backfrom a furniture store that neverdelivered my bedroom set?

I brought a bed set 5 months ago for about $3,000 but it nevered arrived. So we called the owner and asked what happened. He gave the same excuse all the time, “It’s going to come from Italy”. We still have the receipt and we are asking for our money back. He says he doesn’t have it; he wants us to go to court. Also, he changed his store location without informing us. He is still refusing to give us the money.

Asked on January 7, 2012 under General Practice, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The primary way to get money back from someone who does not honor his contractual obligations--including the obligation to provide furniture which you have paid for--is to sue him. From what you write, you would seem to have a strong case--you can prove that you gave him the money for a bed set; if it has not been delivered, he has to repay you. If he won't repay you voluntarily, you may be able to put a lien on property, levy on a bank account, etc. Note that if his business is not a corporation or LLC, you could sue him personally as well as suing his business. Since this is a straight-forward case, you might wish to consider representing yourself in court, to avoid lawyer fees, which would substantially eat into your recovery.


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