Legal Question in Credit and Debt Law in Wisconsin

I purchased a Kirby vacuum on 12-15-10. According to our agreement I had until the 18th to cancel. I signed and mailed the cancellation notice on the 18th and even phoned the Kirby dealer to inform him of my cancellation. I was informed on Tuesday, Dec 21st that because my cancellation notice wasn't postmarked on the 18th (I was unaware that I missed the mail pick up) that they refuse to accept my cancellation. The cancellation notice states "To cancel this transaction, mail ot deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to...(Dealer's Info)...NOT LATER THAN MIDNIGHT OF 12-18-2010."

Am I responsible for this debt? How can I fight this?


Asked on 1/06/11, 9:49 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Any purchase contract can be avoided in a bankruptcy, either chapter 7 or 13, although it may not be worth filing unless you have large financial problems other than this one contract. However, even short of bankruptcy, a lawyer may be able to assist you in resolving this with them and their accepting the return of the equipment (hopefully unused and in all its original packaging). Without a lawyer, they are likely to ignore your complaints and simply put you into their collection process. Although they do seem to sell a quality product, it is quite expensive and I frequently therefore see bankruptcy clients who have large debts with Kirby, as well as huge debts connected with timeshare purchases. But consumers always have bankruptcy as their "ace in the hole" in these situations, if there is no other way to resolve it with them. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office to discuss additional questions which you may have or to set up a free consultation at my office in Racine.

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Answered on 1/16/11, 1:27 pm


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