QUESTION
What can I do if a business shut down and they still owe me the services I paid for?
Asked on Feb 27th, 2013 on Bankruptcy - California
More details to this question:
I took my phone to a small cell phone shop to replace a cracked screen. They told me it would be ready in 2 days, I went back in 2 days and they told me they needed an extra day. I was fine with that but, the following day was Sunday and they were closed so I decided to come back Monday. They never reopened to store that week until the following week. When they finally open, I am told that they are under new owner ship and all the previous employees are gone as well. The new owner got in touch with the previous owner and he said he would bring my phone to the store, but he never did. I paid them $113.00 for the new screen.
8 ANSWERS
The prior owner is definitely liable, and you could sue it in small claims court. The new owner is also liable if it assumed the previous owner's liabilities.
Answered on Apr 01st, 2013 at 2:36 AM
Ronald A. Steinberg
You can sue for your money back, but most likely they will file for bankruptcy, and you will have to file a Proof of Claim, and you may only get a small percent of your money back.
Answered on Mar 01st, 2013 at 11:05 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
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Start by calling the Better Business Bureau; that's free. Otherwise, see if the new owner will tell you the name of the business and then look it up on Florida's Division of Corporations and see if it's still active, and contact the registered owner/agent and threaten to file a small claims action.
Answered on Mar 01st, 2013 at 8:11 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
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Sue both the old owner and new owner if you cannot get reimbursement. The new owner may be responsible for the old owner's debts and obligations.
Answered on Mar 01st, 2013 at 8:11 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
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Take them to small claims court, both the former owner and the new owner. My bet is that somebody will pony up the dough before the court date.
Answered on Mar 01st, 2013 at 8:08 PM
File a theft report with the police against the previous owner.
Answered on Mar 01st, 2013 at 8:06 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
You need to determine if you were dealing with a person or corporation or other entity, and if so, what happened to him/ her/ it. You should consult an attorney.
Answered on Mar 01st, 2013 at 7:40 PM
You have to sue in Small Claims Court for the value of the phone, including a new screen. Before that, try to hunt the old owner down and see if you can get your phone that way.
Answered on Mar 01st, 2013 at 6:48 PM