Legal Question in Consumer Law in California

Return of deposit money
In Nov 2003 I gave a $250 check to a local pottery and landscape store as a deposit for holding one of several large ficus trees that had been on their premisis for months. My new home was not completed yet and they agreed to hold it for me as long as necessary, ''no problem''. I was given a receipt for the deposit showing my check number and amount, the business cashed it, and the check posted within 5 days. Approximately a month later I realized the tree would be too large for my house and returned to the business to release the tree and get a refund. The owner said they didn't do cash refunds but I could have a store credit with no termination date discussed ''they would just keep it on the books''. Now several years later I ordered a fountain from that business and gave a credit card number to complete the transaction so the fountain could be manufactured to my specifications and delivered to the business. The owner now refuses to honor the $250 deposit credit to help pay the delivery and installation and misled me on those costs which doubled. Can a business legally keep my money with no product or service having been rendered? Do I have any recourse after all this time. I have all the records to prove they got the money.

Asked on 7/02/08, 4:36 pm

Benjamin Berger Berger-Harrison, A Professional Corporation

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Re: Return of deposit money

I'll spare you a long, boring academic analysis of all that happened. Take them to small claims court and ask for the $250.

Answered on 7/02/08, 5:08 pm

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