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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello, About 4 days into the use of my adjustable bed..first

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Hello, About 4 days into the use of my adjustable bed..first night 9/20/2013. I have made a few emails to the owner regarding comfort as my Back isn't adjusting well. I was given a few suggestions as to flipping the mattress topper over..that worked a bit. In the meantime the company is sending me another memory foam topper. I also mentioned that the foot section didn't seem to come up high enough.The foot section broke 9/18/2013. I emailed the owner about this..waiting for a reply. I figure they will send someone out to fix it.
I bought the #2 bed..should I consider asking them to trade to the #1 bed at their full expense or ask for a return?
I have only paid a deposit of $100 and my first payment is due November. I have a balance of $4900. I feel if i let this drag on..I will never be happy with the product. I have very good credit and have never refused to pay a bill..or had anything repo'd. Please advise
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

You have the right to either demand that the bed be fixed to perform as promised, ask to switch to a different model, or obtain a refund.

It seems to me the question you should be asking yourself is whether you trust this manufacturer to be able to make a bed that will meet your needs. They have sent you a bed which you found did not feel comfortable and that even broke after only a few days of using. If you believe that they make quality products and will remedy this situation by either fixing the broken bed and making it adjust to your liking, or sending you a different model, then proceed that way. My take on it from an independent third party point of view is that their product broke within the first few days of use. This indicates to me a poor quality and I would lean towards asking for your money back in full.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
Customer: replied 3 years ago.

Hi Zachary, if they are unwilling to refund it..then i won't make my payments and how will that work for me? Negatively?

Yes. You can't simply stop making payments. You must instead, make the payments and then sue for breach of contract and breach of warranty.
Customer: replied 3 years ago.

Sue?


like in small claims court? never done that..I am in CA, their headquarters are in Florida..


What would happen if i did stop making payments?

It would be in small claims court. The fact that they are in Florida is a problem, but you could assert that there is jurisdiction in California since they are doing business in California.

If you stop making payments, they are either going to sue you, or (most likely) put you into collections. This will damage your credit score, and could damage it as much as 100 points.

Did they offer a money back guarantee?
Customer: replied 3 years ago.

No money back guarantee..just warranty on mattress and motors

The fact that they have a warranty on the products means that they need to remedy the situation, either by giving you your money back, or by sending a different bed to replace the defective product.

At this point, I would recommend sending them a certified letter which demands that they return your money in 30 days and come get their defective bed, or you will sue them in small claims court.

Perhaps that will spur them into action to remedy this situation for you. And if it doesn't, you can choose to not pay and simply try to fight the collections agency and take a hit to your credit, or continue paying, but sue them in small claims court for breach of warranty.
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