If I sent items to a custom shop in another state for repairs and modifications. about 1 1/2 years ago but have not heard back from them, what are my options?

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If I sent items to a custom shop in another state for repairs and modifications. about 1 1/2 years ago but have not heard back from them, what are my options?

I was given periodic updates at first but about 4 months ago nearly all contact ceased. I have tried to make repeated attempts to get in touch through email, Facebook, telephone. Electronic messages were ignored or given generic “we’ll look into it” responses with nothing being answered. Between the value of the items shipped and the cost of what I paid to the company I am looking at $2,000. I have kept the tracking receipts of the packages which both show them being signed for at the business along with all my email and Facebook messages with them along with my credit card report showing my purchase.

Asked on July 27, 2014 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your main option is to sue them: you could sue them for some combination of breach of contract (not doing what they agreed to do and for  which you paid them), negligence (carelessness resulting in loss of  your property), fraud (if they lied about what they said they could or would do), and/or conversion (a form of theft; if they deliberately have taken you  money and items).

However, bear in mind that suing someone out-of-state can be more complicated and expensive than suing someone in-state, and since you usually cannot recover your legal fees, you could end up spending more than you get back.

You could try contacting the police or attorney general's office in the other state, if you think this is deliberate theft, but it is unlikely they will get involved for a relatively small amount that could be the result of non-criminal wrongdoing (breach of contract or negligence, for example).

If you have applicable insurance, you could submit a claim to your insurer.


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