Can I sue a company for not returning what I bought from them?

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Can I sue a company for not returning what I bought from them?

I had a small, new business do work for me and I bought a $200 box from them. There was a warranty on the box and the guy came and said he was going to fix it at home. He took the box 5 months ago

and I haven’t heard anything from him, nor does he answer my calls. What actions can I take to get my box back or the $200 that I paid for it? I have left many voicemails and texts and phone calls to no avail.

Asked on November 4, 2017 under Business Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can sue; you have a cause of action in this matter. The person in question either needs to return the box or refund your money. Since they have failed to honor their obligation to you, you can file for a breach of contract. The suit would be brought in small claims court since the amount in question is only $200. If you win, you will not only receive your money but be entiitled to reimbursement of all filing fees.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can sue him--he needs to either return the box or return your money. He is not allowed to keep both. You would sue him for breach of contract (not honoring the obligation to give you the box you paid for, and also not following/honoring his warranty). For $200, suing in small claims court, on a "pro se" (as your own attorney) basis is the onlly cost effective way to proceed.


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