Legal Question in Consumer Law in Georgia
Product
I purchased an item from a store and the receipt stated that I could exchange the item. When I returned it to the store the manager snatched the receipt and stamped the back no returns or exchanges. I refused to leave the store until he signed the receipt stating that I had returned the items to the store. He signed and dated the back of the receipt. The credit card company requested a copy of the receipt stating that I had returned the items to the store and I sent them the copy the manager signed and they told me they could not accept that one it had to be on the store letterhead or a original return receipt. I went back to the store to request a proper receipt and the manager refused to give me one stating he had already signed stating I had returned it. My credit card company could not do anything but pay the merchant because I didn't have the proper receipt. When the merchant stamped that receipt after I took the items back to the store isn't that a fraudulent act? Who do I take to small court the company or the manager who signed the receipt? They have been in possession of the items that total over $600.00 for over a year now. How do I proceed? Please advise.
1 Answer from Attorneys
Re: Product
No, the manager did not engage in a "fraudulent act." If anything, it might be breach of contract to not exchange, but your post is far from clear on whether you were exchanging it as you say the receipt allowed, or returning it for a refund (if that was allowed?). Further, it was a mistake leaving the item there and walking out with nothing, and another mistake waiting a year. Unless you bought the item from the manager personally, your issue is with the store. Contact their main office, if any, give the store one more chance, or IF you have a valid case (i.e., the return/exchange policy) try small claims court as a last resort if you want the trouble and time.
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