What to do if I had put an iPad and a furby on layaway but changed my mind yet by accident received it anyway?

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What to do if I had put an iPad and a furby on layaway but changed my mind yet by accident received it anyway?

I decided I didn’t want to iPad and had it removed from my order. I asked the lady if she had checked the box to make sure everything was in order. She said she had. I left. Then 3 weeks later, I was rearranging things and went to wrap the furby for Christmas and found the iPad in the box. I kept it and have opened it. Now, 2 weeks later the store called asking if I had it. Can I be charged with theft if I don’t return it or pay for?

Asked on December 5, 2012 under Criminal Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Absolutely, you can be charged with the fee and if the store determines this a fraudulent transaction, it could proceed to press charges. The more likely event will be that it will simply ask you to pay the debt.  Since you have opened the package, the store can track the order and shipment, this is absolutely annoying but you must pay.  Now, you should consider negotating the amount down slightly because you have been inconvenienced and you should explain exactly what you asked to occur.


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