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I paid a $3100.00 deposit to Willowpark Upholstery to re-upholster

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

I paid a $3100.00 deposit to Willowpark Upholstery to re-upholster some furniture for my residence in Calgary AB in January 2012. I have obtained part of the fabric and have asked repeatedly for them to either refund my deposit to the value still outstanding or provide me with the ordered fabric and I will have the re-upholstery completed elsewhere.I sent them a registered letter last week outlining what I need to have done to resolve this matter....no response.I have learned this company and it's owner, has a repeated history of taking customer deposits and not completing the work.
Do I sue him through Small Claims Court or place a lien against his business, or is this now a matter of fraud where I should involve the police?

Thanks for your opinion.
Barbara XXXXXXXX@XXXXXX.XXX

 

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Province/Territory relating to question: Alberta

Already Tried:
See my outline previous.

Submitted: 245 days and 3 hours ago.
Category: Canada Law
Value: CA$59
Status: CLOSED

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Expert:  Debra Thal replied 245 days ago.


Debra Thal (username) :

It's not likely the police will consider this to be fraud but you can call and ask.

Debra Thal (username) :

They will likely think it is a civil matter.

Debra Thal (username) :

You cannot file a lien against the business at this point.

Debra Thal (username) :

You would have to sue and get a Judgment first.

Debra Thal (username) :

Then you can seek to enforce the Judgment by registering liens, seizing assets etc.

Debra Thal (username) :

So Small Claims Court is likely the route you will have to take.

Debra Thal (username) :

First send them a demand letter by Registered Mail, giving them a deadline for complying with your demands.

Debra Thal (username) :

And indicate that if they fail to comply you will commence legal proceedings and then will be seeking interest and your costs as well.

Customer :
Debra Thal (username) :

Oh dear.

Debra Thal (username) :

Your post is blank.

Debra Thal (username) :

Please try again

Customer :

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Category: Canada Law
Pos. Feedback: 98.2 %
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Answered: 8/3/2012

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Expert:  Debra Thal replied 244 days and 18 hours ago.

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Expert:  Debra Thal replied 244 days and 18 hours ago.

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