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

UPDATED: Jan 7, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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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