Legal Question in Business Law in Texas

going out of business

My husband and I purchased some furniture from Carolina Furniture company August 17, 2001 for $3000, with a no money back no return policy and $174 for delivery. They deposited the check two days later but it bounced. A day later we wrote another check, which they have cashed. They stated that when the check did not go through the first time they took the sold sign off the furniture and forgot to put it back on. Because of a mix up on their end, delivery was delayed and the furniture was sold. A month later we were told that they would have to re-order the furniture but we should have the furniture no later than the middle of October. October came and went and again after several phone calls we got in touch with Tammy the store manager, on November 16, 2001 and we were told that she could not order the furniture and she doesn't know when it will be in. Two days ago, my husband and I saw a commercial that the company is going out of business. They refuse to give our money back or offer any alternative items, return our phone calls and is unwilling to cooperate in the resolution of this matter. What are our options at this time?


Asked on 11/16/01, 1:31 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: going out of business

Go immediately to the Justice of the Peace closest to you, contact the civil clerk there, and ask for assistance in filing an action in Small Claims. You may also have to go over to the county clerk's office to find out who is doing business under the name of the furniture business. Filing and service should cost you $65. You would usually have to give the business a ten-day written demand for payment, but under the circumstances the judge may waive that requirement. But ask the clerk if the judge would waive notice, since the debtor is going out of business. If not, the written demand for return of your money should be by certified mail, return receipt requested.

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Answered on 11/16/01, 2:00 pm


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