Legal Question in Legal Ethics in Wisconsin

Company goes under...

I have a gift certificate to use at a company, that I just found out closed it's doors for good. I had called about 3 weeks ago to use this certificate and they told me they were ungoing ''construction'' so I should call back in a month. I tried calling multiple times and get no answer. How do I get my money back?


Asked on 10/27/08, 5:18 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Gift Certificate Refund for Bankrupt Retailer

You need to file a written claim for your refund with the company or its bankruptcy trustee as soon as possible. If they are in chapter 11 bankruptcy reorganization, there may very well be a website for the case with further instructions. The website of the bankruptcy court handling the case may also help. Finally, even a Google search may yield something. Sometimes, the company may be sold as a going concern to another retailer, which might mean that the new owner would honor consumer claims of the former one. If the amount is sufficiently large to it worthwhile, you should also consult with your own attorney, since I am not permitted to give legal advice in this online forum. There is no guarantee that you will ever recover your money, however, in order to improve your chances, you might wish to also file with the WI Department of Agriculture, Trade and Consumer Protection. They can sometimes aggregate large numbers of similar claims and achieve bargaining leverage which you would not be able to achieve yourself. If you can afford it, it also may be advisable to sue and obtain a court judgment. Good luck

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Answered on 10/27/08, 9:10 pm


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