Legal Question in Consumer Law in Texas

What should I do?

I purchased a television set at a store and I did not take it with me. I gave them my drivers license number and phone number and they wrote it on the box the television was in. I was told that I would need an Identification to pick it up. When I went to pick it up I was told that they could not find it, and had no idea what I was talking about. I showed them my receipt were I had paid cash for the television. The store manager called me at home to let me know that I had no proof that I did not take the television when I purchased it, and I would loose out on whatever I had spent. I informed him that the greeter in the front of the store knew I did not take the television, and also when you leave the store with a product your receipt is marked, which my receipt did not have. My question to this matter is: Was this theft? Or what can I do to get my merchandise or a refund? Thank you.


Asked on 2/02/04, 5:19 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: What should I do?

Prepare to sue them in Small Claims. Send a letter by Certified Mail, Return Receipt Requested, to the store demanding either your TV or return of your money. Give them ten days to respond.

If they refuse to do either, then go to the JP in the precinct where the store is located, and get the Small Claims Complaint from the civil clerks. Filing and service should cost you $65.00, and that will be recoverable if you get judgment against the store.

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Answered on 2/02/04, 5:54 pm


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