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  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Refund for a Route Ownership

    My question involves business law in the state of: New York


    In September of 2010 I bought a route, it was a legitimate route I checked out everything before buying it. It was suppose to start in November but it never did the company told me that they had some issues getting a Warehouse and to rest assure it should be starting in December. It is now February 2011 and nothing has started so I asked for a refund due to the fact I had a bad taste in my mouth about the company. They told me I had to put it in writing which I did I never got a response and today some guy from the company that invested money or is a CEO basically told me the company went bankrupt and he doesn't think I will get my money back. ( he didn't say i wouldn't be getting my money back but the way the conversation was going that's what he was getting at) what do I do please help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Refund for a Route Ownership

    first, your thoroughly read your contract and act as directed within the contract. As to having a right to rescind the contract would be determined by what is in your contract.

    Once you get beyond that and determine you have a right to rescind the contract, you do as you have already and if they do not refund your money, you would be relegated to suing them. If they have filed bankruptcy, it is likely you won't get your money but you still need to file a claim with the bankruptcy court against the company.

  3. #3
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Refund for a Route Ownership

    Oh god! So I'm out my money is that even legal someone putting money into something and not being able to get the money back due to the fact the company went bankrupt?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Refund for a Route Ownership

    without some proof it was intended to defraud you, yes.

    You need to check to see if the business filed bankruptcy so you know what actions are available to you.

  5. #5
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Refund for a Route Ownership

    By the way thank you for taking the time out
    [QUOTE=jk;495163]without some proof it was intended to defraud you, yes.

    Well I didn't start my route at all wouldn't that be proof enough?


    How do I find out weather they filled for bankruptcy?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Refund for a Route Ownership

    Well I didn't start my route at all wouldn't that be proof enough?
    no. You would have to prove they knew they would not be able to fulfill the contract at the time it was entered into and signed the contract simply to take your money. Even if that was the case, proving it is not easy.


    How do I find out weather they filled for bankruptcy?
    I would start with asking them. Other than that, you would have to research the BK filings in the area they are incorporated.

    You could file a suit. If they have filed BK, I am sure they would respond to the complaint and summons with that fact along with a case number.

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