Sued for a layaway

[Frodo301]

In Virginia. I received a summons to court for a layaway I put on at a local furniture store back in 2010. It was for a space heater which cost about 250.00 at the time. Due to my son being sick at the time and having extended stay at hospital, I never followed up past a few payments for the heater. I was under the impression that after a period of time the layaway would be canceled and I would lose any money paid. Did not really give it anymore thought. Fast forward to 2016 and I receive a summons to appear in small claims court for 626$ from this store for the price of layaway and interest/court cost. My question is I don't have possession of the merchandise and can they sue me for a layaway? Looking over the court cases over the past year it looks as if the business is suing people in lots of about 20 or thirty cases at a time. The cases are about 60% dismissed and 40% default judgement. Amounts are all over the place from $200-6000.00. What if any are my options. Do I just pay it off or do I stand a chance going to court and having it dismissed. I worked hard to reestablish my credit after missteps years back. I don't want something to screw that up. Thank you all.

 

[justalayman]

You need to read the layaway contract to determine the terms of the contract. It sounds like it might have not been a typical layaway but simply a purchase contract where they hold the merchandise until it is paid off.

 

[Frodo301]

It claims to be a note on the summons. I believe this company has a revised "at home" layaway now so the details have defiantly changed

 

[eerelations]

You need to review your copy of the layaway contract.

 

[Frodo301]

After six years I no longer have a copy.

 

[Frodo301]

But what I get I should have read the agreement beforehand and not assumed it was a typical layaway as I had used before in different stores. Especially now that I see very few if any laws regulate layaway. Thanks to all who posted/posts.