Legal Question in Consumer Law in Texas

My wife took a pair of boots to the shoe repair shop to get the tip fixed (she scuffed it). Two weeks later (after the Thanksgiving Holiday), she went back to pick them up and they said that they couldn't find them. Today, I went in to ask for the shoes and she searched her entire store and said that they weren't there. She said that it is possible that they were given out to someone and that I should give her a week to see if they are returned. She said that if they weren't returned that I would have to provide her the actual receipt from when I bought them (I have no idea where that would receipt is, if I even have it) and then she would pay me 60% of the cost. What am I going to do with the 60% of a pair of boots?

What are my options? Can I force her to replace the shoes at whatever price the store charges? She can pick the store, I just want the boots.


Asked on 12/03/09, 11:39 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Does the store have any kind of notice posted about what happens if they lose someone's shoes? This is important.

Also: Did the shoe repair shop give her any kind of TICKET when she dropped off the shoes? What does the ticket say?

If she can't find the receipt from when she bought the shoes (who in the world keeps receipts for shoe purchases?), she should simply tell the repair shop how much she paid for the shoes, and see what they say.

You are probably headed for small claims court.

Shame on these folks for being so clumsy and haphazard with other people's property.

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Answered on 12/09/09, 11:03 am


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