Paid costumer 3k to tweak and assemble my 2k costume. Costumer now ignoring me. How can I get my costume and money back.

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Paid costumer 3k to tweak and assemble my 2k costume. Costumer now ignoring me. How can I get my costume and money back.

About 2.5 years ago, I paid a costumer 3000 to assemble a costume that I purchased for 2000. I visited her house and left my costume materials there for her to work on it. She still has my costume and has not responded to my messages requesting and update for the past 3.5 months. To my knowledge based on responses and pictures the costumer provided, she has performed work on one arm and the chest portion of the costume. She told me the costume would be finished May, 2018. Then she told me she needed more time on it. I also have her address. What can I do legally to get my costume back. Is it also possible to have a court enforce a refund?

Asked on February 12, 2019 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue her for breach of contract--for violating the agreement to do the work you paid for her. She has taken an unreasonably long time and also violated her own stated deadline. By not performing (completing the work) when she said she would, she is in breach of contract. That breach would let you sue to recover both your money (the $3k you paid her) and the costume itself. There is no reason to wait longer before suing--by not completing and not even responding, she has made it clear that she cannot or will not comply. 


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