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John T
Lv 6
John T asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Business refusal to return personal property?

Just over a year ago I sent a musical instrument (trumpet) to be restored by a company in Tennessee. I paid in full in advance. In January of this year I was contacted and told that my trumpet was being completed and that I needed to submit an additional $70 to cover return shipping (a totally outrageous fee, but that's another story). Anyway I paid that. At that time they said the horn would be shipped no later than 45 business days (that fell on St. Patrick's Day). Anyway, no horn, no contact, no response from my attempts to contact. Finally BS stories about why they couldn't finish my horn. To make a long story short, contacted law enforcement and received no help. Company refuses to return my horn until they complete the work they were originally paid to do. It seems they perform existing repairs from the money they collect from new customers. People often wait 2 years (or more) for horns to be returned. Can I hire a Tennessee attorney to secure a Writ of Replevin, have it executed, recover my horn and send it to me without first having to go to Tennessee. Secondly, can the attorney file suit on my behalf for recovery of the money I paid them, plus the money I have spent on the recovery process?

Update:

The BBB did negotiate a settlement, they could keep my horn as long as they wanted, sending me the the horn only after they had completed the repairs originally contracted for.

Update 2:

I sent them a demand letter that was ignored. This has already gone to the let's go to court stage. BBB, Tennessee Department of Consumer Affairs, County Sheriff, County Prosecutor, they've all been involved and no satisfactory action.

2 Answers

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  • 1 decade ago
    Favorite Answer

    Before you get an attorney involved, contact the Better Business Bureau in the area where the company is located. You can find them at www.bbb.org and file a complaint online. You will need the dates everything happened, amounts you paid, how you paid (check/MO/credit card), who you talked to, etc. Let BBB try to resolve this first. They often can light a fire under a company that doesn't want an unsatisfactory rating on its record.

    I can't answer your legal questions, but hopefully you will get satisfaction from the BBB.

  • 1 decade ago

    Certified letter, return receipt requested: "You have had my horn since October 2009. In January 2010 you advised me that it was nearly complete and you requested $70 more for return shipping. I paid that and you promised return of the horn by Saint Patrick's Day 2010. It has not been returned and I have not been provided with an acceptable explanation. Please confirm the status of the repairs, provide a solid date for when it will be returned to me, and explain the reason for the delay. Absent a suitable response from you within ten days from the date on this letter, I shall be forced to involve other agencies in obtaining the safe return of my instrument, repaired or not. Regards..."

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