We paid for product and did not receive. He is shutting business due to health concerns. Said he would refund but no contact from him

[american0566]

What is the name of your state?WI
We gave supplier check weeks ago for duct work for a project. Weeks went by and excuse after excuse. He finally text and said he had cancer and his lawyer and accountant said he needed to close for now and he would send refund. Won't respond since then. We have offered a solution where we can use his shop to make the duct work and won't ask for money back as he has put us in an impossible spot and may damage our reputation in regards to this project. We don't have thousands of dollars sitting around to pay another company. I would take to small claims court but am afraid he has already started bankruptcy proceedings and we would be wasting more money and time. Any suggestions?

 

[quincy]

If you fear he is going to be filing for bankruptcy, you would probably be smart to file a small claims action against him now.

 

[adjusterjack]

I would take to small claims court but am afraid he has already started bankruptcy proceedings

You can search for bankruptcy court filings at:

https://www.pacer.gov/
If he hasn't filed yet you can hit him with the lawsuit.

Of course, if he files after you sue, the lawsuit and the debt go away unless it falls under the bankruptcy exceptions but that's something you might have to deal with later.

Suggestion: if the guy works out of a shop, go to the shop and see if will give you enough materials or equipment to make up for the money. You can't compel him to do that but he may relent if you hand him a copy of the small claims complaint that you will file if he doesn't pay you back.

 

[quincy]

..Suggestion: if the guy works out of a shop, go to the shop and see if will give you enough materials or equipment to make up for the money. You can't compel him to do that but he may relent if you hand him a copy of the small claims complaint that you will file if he doesn't pay you back.

It sounds to me as if the shop has already (at least temporarily) closed.

 

[american0566]

Thank you for the replies..If I do take him to small claims, I am in WI and he is over border in IL. How does that work?
Looking up his records, he has filed for bankruptcy in the past. The last one was 8 years ago. Doesn't look like anything has been filed recently.

 

[quincy]

Thank you for the replies..If I do take him to small claims, I am in WI and he is over border in IL. How does that work?

You sue him in Illinois.

Good luck.