Can I get my $ back?

[Ayudame]

I purchased a cellphone through an info-mercial on TV last year. (June '00) I had several problems w/the phone and returned it. I was told that I'd receive a new one. I waited about a month, and never rec'd anything. I called the company's customer service and was told that they hadn't rec'd it yet, but that someone would call me back regarding my problem. I called several times again, but, after awhile I couldn't reach anyone. I filed a complaint w/ the BBB in the area where the company was but, they couldn't get any response from the company. The BBB referred me to a website where I found out that the company is no longer in business. Can I sue them as a dissolved corporation and get my money back? Do I have a case?

 

[LegalBeagle]

I purchased a cellphone through an info-mercial on TV last year. (June '00) I had several problems w/the phone and returned it. I was told that I'd receive a new one. I waited about a month, and never rec'd anything. I called the company's customer service and was told that they hadn't rec'd it yet, but that someone would call me back regarding my problem. I called several times again, but, after awhile I couldn't reach anyone. I filed a complaint w/ the BBB in the area where the company was but, they couldn't get any response from the company. The BBB referred me to a website where I found out that the company is no longer in business. Can I sue them as a dissolved corporation and get my money back? Do I have a case?

How much are we talking about ?

 

[JETX]

Yes, you can sue them. One of the great things about this country is that anyone can sue anyone else... often with no basis in legal fact.

No, you will not get your money back. This is due to the following 'realities; of this situation:
1) Based on your post, I assume that the merchant is in another state. If so, you will have both a hard time proceeding your case and an even harder time collecting if you did win.
2) You can't just sue 'A Corporation'. You have to serve notice on the 'Registered Agent for Service' as shown in their incorporation records in their state. And, being a dissolved corporation, you will probably find service hard, if not impossible.
3) Finally, your chances of recovering any assets from a dissolved corporation is slim and none. After all, there is a reason that they are 'dissolved'. If there are/were any assets, I am sure that there are more secure debtors already lined up to recover whatever they can.