Unfulfilled Preorder from an Out-Of-Business Store
My question involves a consumer law issue in the State of: Ohio
Back in November 2014, I paid $90 at a local hobby store for a pre-order of an MTG product due to come out the next month. It's fairly standard practice at such stores, at least in my experience, to request upfront payment for pre-orders, and I hadn't had any problems to that point with this store. Come December, though, the store owner told me that the pre-order was delayed and that I could pick it up later... but each time I went into the store, the pre-ordered product had yet to arrive. Finally, around May or so, the owner told me that she would issue me a refund, but at a later time (because the store was having money issues).
Fast forward to September, around the time I was getting ready to leave for Europe... and the store went out of business. I didn't have the time to deal with that issue due to the myriad other fun things going on with preparing for my departure, but it still remains that I never received the refund.
So, here are my questions:
1.) Have I run out of time for any course of action under Ohio law? (I don't think I have, but I'm not sure.)
2.) I forget if I paid with cash or by debit card, but, if I did the latter, I have a statement. The store also kept records of pre-orders. Does my course of action differ depending on how I ended up paying?
Re: Unfulfilled Preorder from an Out-Of-Business Store
You need to find out what happened to the store. If they went into bankruptcy, you can make a claim on that. If the entity that was the store still exists (even if they have shuttered the store), you can sue them.
If you can find that you paid by credit or debit card, you can probably find older statements (or contact your bank/provider to inquire). They may be able to provide some protections.
I presume you made this preorder in the brick and mortar store rather than online or over the phone.
Re: Unfulfilled Preorder from an Out-Of-Business Store
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flyingron
...you can sue them.
Be careful, though, because if the store has no remaining assets against which you could collect a judgment, you'll be adding the filing fee and process service fee to the amounts you're losing as a result of the store's closure.
Re: Unfulfilled Preorder from an Out-Of-Business Store
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Mr. Knowitall
Be careful, though, because if the store has no remaining assets against which you could collect a judgment, you'll be adding the filing fee and process service fee to the amounts you're losing as a result of the store's closure.
That is a concern, but if they haven't filed for bankruptcy, chances are they aren't completely insolvent.
Re: Unfulfilled Preorder from an Out-Of-Business Store
Actually, very few businesses file for bankruptcy protection when they close. They pay bills, run out of money, and fade away.
Re: Unfulfilled Preorder from an Out-Of-Business Store
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bloodbath
1.) Have I run out of time for any course of action under Ohio law?
No. Ohio has a very long Statute of Limitations for filing lawsuits about contracts. 6 years oral, 8 years written.
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bloodbath
2.) I forget if I paid with cash or by debit card, but, if I did the latter, I have a statement. The store also kept records of pre-orders. Does my course of action differ depending on how I ended up paying?
How you paid doesn't matter.
How you document the payment matters.
From a practical standpoint you can probably kiss the money goodbye and get on with your life.
However, if you decide to sue I suggest including the owner as an individual and attempt to "pierce the corporate veil."
Read this:
http://www.expertlaw.com/library/bus...rate_veil.html
It's a complex issue and whether you'd be successful or not is anybody's guess. But, as a matter of strategy, getting served a summons and complaint that alleges personal liability might scare the owner in ponying up the money rather than risk going to court. No guarantees, of course.
Re: Unfulfilled Preorder from an Out-Of-Business Store
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adjusterjack
But, as a matter of strategy, getting served a summons and complaint that alleges personal liability might scare the owner in ponying up the money rather than risk going to court. No guarantees, of course.
But unless you have some reasonable basis for including the owner it won’t work and a court might even decide to sanction the plaintiff for doing it if the complaint is wholly deficient in alleging a basis for suing the owner. I’ll note that piercing the corporate veil is not easy, and in most cases does not succeed. So be careful what you do in the lawsuit in regards to this.