I am being charged twice for the same service

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I am being charged twice for the same service

My Dry Cleaner’s property was seized by the state of Kansas for failure to pay taxes the day after I had dropped off some shirts. Turns out this drycleaner outsources to another dry cleaner, and this second dry cleaner has my shirts. The problem is the second dry cleaner is charging me to get my shirts back because he was no paid by the first dry cleaner. Is this legal?

Asked on August 20, 2018 under Business Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot be legally charged twice. But that said, you should probably pay: to get your clothing without paying, you would have to bring a lawsuit seeking a court order requiring the release or return of your clothing. You cannot bring that order in small claims court, since small claims can only grant money judgments, not orders for someone to do something. It would take you weeks at best, possibly months or longer, to get the court order you want and cost you more time and money than it would take to pay the 2nd dry cleaner for your clothing.


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