QUESTION
What type of court would be best for my case?
Asked on Oct 27th, 2011 on Business Law - Kentucky
More details to this question:
I purchased and paid in full for a "V.I.P" program at waves salon and spa for one year of all service categories. The salon has closed and I have made several attempts to contact the owner because I was only half way through my year when the salon closed. My contract states I will get the unused portion of my membership back. I have requested it from her via e-mail, facebook, voice message and contacted BBB.org. Someone told me to take her to small claims court but since the salon is closed and I don''t have her home address I don''t know how to attempt that. If someone could help that would be great. Thanks
1 ANSWER
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It is likely that there is no court that would be "best" for your case. One of the things that we have to accept in a capitalist society is that businesses fail. When they do, the result is often a loss for creditors, including not only landlords and vendors, but also customers who have prepaid for services. Generally speaking, there is no source of funds from which you can collect these losses from a failed business. You can sue and obtain a money judgment, but the defendant will be, to use the term of art employed by attorneys, "judgment proof."
Answered on Oct 27th, 2011 at 12:07 PM