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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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