Legal Question in Business Law in California
Business Closure-customer rights
I have a store credit. When I recently went to the store to redeem the credit, they had closed the store. I was never notified of the store closure.
Can I file a claim in small claims court for my credit? How do I find out who owned the business (so I know who to file against) and if it was a sole prop., corp., etc.?
Thanks.
2 Answers from Attorneys
Re: Business Closure-customer rights
Yes, a store credit is like an account payable of the store to you. Your chances of an actual recovery are slim if the store has closed unless it was a branch of a larger chain that is still in business, or not in bankruptcy. Try contacting the landlord to get info on who was the tenant, and if that does not get you enough information, you can check the fictitious business name filings at the County clerk's office to see who claims to own the business name of the store. You may have to check the Secretary of State office for information on corporate officers and directors. Its a lot of digging, and some of this information may be available on line. When you know who to sue, then make a demand, and if you are not paid, then file your small claims action against the store and all individuals and officers of the business.
Re: Business Closure-customer rights
Start by going into the Secretary of State Web Pages, www.ss.ca.gov and click on the business filings under the Business Portal. That can get you going if it was a corporation doing business under the corporate name.
Otherwise, you will need to go to the County Clerk's office to check their fictitious name filings.
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