QUESTION

[JOEY]

PURCHASED A SPA FROM ANAQUAINTENCE FOR $350 tHEY TOLD US SPA WAS GOOD JUST NEDDED ELETRICAL WORK (minor) TOOK SPA HOME, FIXED WIREING, PUMP WAS BAD ALSO, TRIED SEVERAL TIMES TO CONTACT THEM, DIDDNT AND PUT A STOP PAYMENT ON THE CHECK, BUT WE HAD ALSO GIVVEN THEM SOME CASH($200) GOT AHOLD THEM COUPLE DAYS LATER , sHE THREW A FIT SAYING WE SHORTED HER $20 AND WAS GOING TO GIVE US BACK $180. i TOLD HER THAT WAS BETWEEN HER AND MY HUSBAND . TRIED TO DELIVER THE SPA THAT NIGHT THEY WOULDNT AWNSER THE DOOR. THIS HAS BEEN GOING ON FOR 2 WEEKS NOW. HOW LONG DO WE HAVE TO WAIT BEFORE WE CAN CALL THE SPA (JUNK) OURS TO FIX OR GET OUR MONEY BACK? IS THERE A CERTAIN AMOUNT OF TIME WE HAVE TO WAIT FOR THEM TO DECIDE WHAT THEY ARE GOING TO DO?

 

[Tracey]

Start corresponding with them in writing only. Keep copies of all letters, and send them all certified, return receipt. Tell them that you are keeping the spa until they refund your cash. Furthermore, starting next week, you will charge them a "reasonable storage fee" until they pick up the spa. If they don't pick up the spa within 30 days (45 from delivery), you will sell the spa for whatever you can get, deduct your $200 + storage costs, and send them the rest. I dont' know if the 45 day figure is sufficient for your state, though. You might call a local pawn shop and see if they know how long you have to hold unclaimed merchandise.

Alternatively, you can sue them in small claims for the $200 you gave them and return the spa.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.