how can i get my property fishing pole back from a buissness i that is no longer open since i dropped it off

UPDATED: Sep 30, 2022

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how can i get my property fishing pole back from a buissness i that is no longer open since i dropped it off

I brought in a blank fishing pole
worth 500 to be custom wrapped
but i never got a receipt and i
left a 35 deposit that
buisness never opened up again i
tried asking around nothing i
just want my property back

Asked on June 27, 2016 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can bring a legal complaint seeking an order to show cause (a motion) hearing to get a court order that the pole be returned to you. However, such an order cannot be sought in small claims court; you'd have to file in  regular county court and the cost of filing--especially if you want to get a hearing in days or weeks, not months, and so file on an "emergent," or urgent, basis--could be a significant portion of the cost of the pole, even if you do this yourself, not through an attorney.
You could file a small claims lawsuit against the business, seeking the value of the pole; the business could settle by returning the pole. If the businss is an LLC or corporation, though, the business and its owner (or former owner) could basically ignore the suit: a closed business has nothing at stake, so suing it and winning gets you nothing. They could let you win and still not have to pay if the LLC or corporation has no money. If the business were not an LLC or corporation, though, you could sue the owner(s) personally, and a personal lawsuit might get them to cooperate.
As you can see, while there are options, they are not particularly good ones.

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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