Legal Question in Consumer Law in Missouri
We recently purchased a monument for our mothers gravesite paid in full. The place we purchased it from has been closed down by the bank. Upon inquiring of the bank what we could do they stated if we prove we paid for it we can buy it from them. We have already paid for it. What is our legal recourse?
1 Answer from Attorneys
Sorry to hear of the loss of your mother and for this situation. You did not say whether the closed company has filed bankruptcy. If so, you can file a notice of claim with the trustee, making it clear your claim is not for money but for a monument and you have paid in full. In any event, I would inform the bank that you are a secured creditor of the company, and that upon showing your receipt they should return the monument to you, as it has no monetary value to them. You can file a petition for replevin in the Circuit Court to have a judge determine ownership of the monument. I would also let the Bank know that this type of publicity is the last thing a banker needs, and if nothing else they should return it as a good will gesture. Best of luck in getting this injustice corrected.
Sean Santoro/Licensed in KS and MO
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