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
Province/Territory relating to question: Alberta
See my outline previous.
It's not likely the police will consider this to be fraud but you can call and ask.
They will likely think it is a civil matter.
You cannot file a lien against the business at this point.
You would have to sue and get a Judgment first.
Then you can seek to enforce the Judgment by registering liens, seizing assets etc.
So Small Claims Court is likely the route you will have to take.
First send them a demand letter by Registered Mail, giving them a deadline for complying with your demands.
And indicate that if they fail to comply you will commence legal proceedings and then will be seeking interest and your costs as well.
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