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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7629
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I need an advice, I don't know what else to do. I have purchased

Customer Question

I need an advice, I don't know what else to do. I have purchased furniture, which was delivered to me damaged. Company has assured me that they will exchange it for the new one. After that, they had scheduled delivery for 7 different times. Each time, I was forced to stay home and wait for the the delivery. But always for some reason, at the last minute, the furniture was not delivered. Then I will call then, spend about an hour on the phone, and reschedule it for another day. Then process repeats. Finally, last two deliveries, the delivery team simply refused to make the delivery, then will bring the furniture to my house, and then they will say that it's too much work for them to carry the furniture, and they will leave. I was outraged when they said it, so I call the company and got a ton of apologies, they reassured me that it will be delivered next time, and last delivery was scheduled for last Sunday, Jul 5. Same thing happened again, the workers came, said it just to much work for them, and they are not going to do it. It was a different team this time. Please remember that this is an exchange, not a new delivery, so the furniture was delivered the first time successfully, with out any complaints from workers. No that management has realized that their workers are refusing to work, instead of looking for a solution with then, the management decided that it would be easier to have problem resolved at my expanse. They call me back, and this time instead of apologizing, they told me that stairs in my apartment are too inconvenient for workers to make a delivery, they also refusing to give me a refund, and was telling me that I'm just too hard to please and that the furniture that I already have is fine, and I should not have complained about it. The end.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
Hi!Customerhere. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended. I'm sorry to hear this. Can you tell me the cost of furniture, and how it was paid for?
Customer: replied 1 year ago.
the cost is about 8k, there are 3 pieces. total of 3 pieces were damaged. Doors are not properly closing, scratches... It was purchased by cash, on May 9. Then I playing with delivery for 2 months, before they got tired of me. I do have all of the papers they gave me at the time of purchase.
Expert:  LegalGems replied 1 year ago.
Thanks, ***** ***** minutes please.
Customer: replied 1 year ago.
ok, let me know when you're ready
Expert:  LegalGems replied 1 year ago.
Thanks for your patience as I researched this for you.
Since the amount is less than $10,000, one can sue in small claims, alleging breach of contract (and negligence for the damages).
The proper remedy in such a suit is reimbursement for the money paid for the product, or replacement with a non-defective item.
Information on small claims here:
http://www.courts.ca.gov/1008.htm
http://www.dca.ca.gov/publications/small_claims/
http://www.courts.ca.gov/selfhelp-smallclaims.htm
Those sites walk you through the process with links to the summons and complaint.
Before filing, a formal demand letter needs to be sent, certified mail, return receipt requested.
Sample letters here: https://www.usa.gov/consumer-complaints
and http://www.courts.ca.gov/11145.htm (this is a fill in the blank program that will generate a letter).
This is from a different state but can be used as a template: http://consumer.georgia.gov/consumer-services/sample-complaint-letter-to-send-to-a-business
If pictures are attached showing the damage, that helps generate an out of court settlement. They will also come in handy to show the judge should the business still be unwilling to settle.
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Customer: replied 1 year ago.
so small claims is under 10k? because I thought that it's only 7.5k
Expert:  LegalGems replied 1 year ago.
That is correct, - it is for claims $10,000 or less, so defective furniture for 8,000 would fall within that parameter.
Customer: replied 1 year ago.
also, can I get anything from them for the trouble they caused me, I had to spend literally a week (7 days) for different delivery dates scheduled, and my apartment was all out of shape because everything was unpacked, and put aside to make a room for delivery.
Customer: replied 1 year ago.
this was going on for 2 months
Customer: replied 1 year ago.
you know I was very nice to them, but after they decided that it's easier to deal with me instead of their work force, you know I had it
Expert:  LegalGems replied 1 year ago.
Unfortunately, no. For breach of contract damages, the court will only allow for reimbursement for monies paid. They will not allow for pain and suffering, inconvenience, time off work, etc.
Often times, when a business receives a demand letter, they will try to make it right once they realize the customer will proceed with litigation; they may be willing to offer a replacement with a discount, or a complimentary item of furniture, or something to maintain good relations and the company's reputation. However, the court will limit damages to the cost of furniture.
Customer: replied 1 year ago.
ok, thanks
Expert:  LegalGems replied 1 year ago.
You are welcome. Did you have any further questions on the above?
Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer.
Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!

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