If I have a layaway at a furniture store and have been making payments, what are my rights if the store went out of business?

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If I have a layaway at a furniture store and have been making payments, what are my rights if the store went out of business?

I paid $1,100. Spoke with bank liquidator. He said they will not be giving furntiure away for free. The furniture store has your money. I would like to know what could I do to recieve furniture or my money? No one contacted me to notify me of the closure or take or by the bank. Liquidator said that they were contacting people to let them know. I still have not received a call. Tried to call the coroprate office of the furniture store; the line stays busy.

Asked on November 18, 2011 under General Practice, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were making payments for some furniture on a "lay away" plan and the store is now going out of business where you have been unsuccessful in making contact with the store's owners about getting a refund of your money paid to date since you have not received the furniture you are paying for over time, you have the following options:

1. have the bank liquidator hold the furniture you are making payments on and make a written agreement with the bank liquidator that you will get the furniture in exchange for payments to the bank liquidator in the future.

2. file a small claims court action immediately against the business that has your $1,100.00 seeking its return.


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