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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38560
Experience:  Retired (mostly)
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Customer Question

Is their a statue of limitations for a consumer who put some furniture on layaway over 5 years ago and the company moved without notifying me of the move....I have the returned checks and receipts of payments;however I asked retailer for a store credit or refund and he refused to give either.
Submitted: 4 years ago.
Category: Legal
Expert:  socrateaser replied 4 years ago.

Hello,

Forfeiture provisions in a layaway contract are unenforceable as a deceptive trade practice (Louis. Rev. Stat. 51:1405). However, the statute of limitations on a deceptive trade practice claim is only one year.

The issue here is whether or not the vendor's conduct became deceptive until it refused to refund your money or deliver the furniture as originally agreed. This is an issue for a court -- there is no clear case law to provide interpretation upon which we can rely.

BotXXXXX XXXXXne, you would have to take your chances in small claims (either justice of the peace or city court). Your risk would be for the small filing fee. Unless the vendor asserts the statute of limitations, it is waived, and you would likely win. You'll have to decide if you wish to "roll the dice" and let the court decide.

Please let me know if I can clarify or further assist.

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