Legal Question in Consumer Law in Virginia
Dry cleaners lost suits
I brought 2 suits and 6 shirts to the dry cleaners on 11/16. I attempted to pick up all clothing articles the next week. The shirts were there are ready. The 2 suits they had no record of. I do have my claim check indicating I dropped them off. We decided on waiting until 12/7 before any corrective action was to be taken. The cleaners is now given me the run around. The owner will not even call me. What is my recourse. Thank You.
1 Answer from Attorneys
Re: Dry cleaners lost suits
There's a special statute in Virginia that protects cleaners. Va. Code section 8.01-42.
It says the cleaners are not liable for any amount in excess of the value of the original purchase price of the items minus depreciation. So, to recover anything at all, you've got to have some proof of your original purchase of the suits.
That statute only applies to losses or injuries to the clothing, however. If the cleaners lied to you, deceived you, or did anything else of a fraudulent nature, you may have an action under the Virginia Consumer Protection act for a minimum of $500.
You're looking at a claim for less than a thousand dollars, probably, no matter what, and the cleaners know that it's not worth your time and trouble to file suit. That's why they're stonewalling you. Most people give up and go away, and they know it. They're playing the odds. If you decide to sue, be sure you know who the real owner is (the name on the storefront may be a false name or a trademark, against which a judgment will be worthless), and get the name spelled correctly on your pleadings.
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