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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19673
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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Short version. Last year in August I commissioned a custom

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Short version. Last year in August I commissioned a custom leather coat, based on a design from a movie. Measurements were taken, half down was paid. I still don't have a coat, and my money has not been returned.
The tailor is, reportedly, in the hospital, quite ill and trying to recover from cancer. I've spoken to her several times. She's willing to let the coat go now only for the half down, but I have no proof the coat exists (which is supposedly mostly done), and no proof she is sick.
I don't know what my recourse is now. If I had a choice, i want the coat. But it's been well over a year and nothing is happening. What should I do?

Thank you for the information and your question. Unfortunately, other than working with the tailor to try to get what exists of the coat delivered to you by a specific date you set, you would have to file suit in small claims court to recover the money you have paid to her. Even if you did not have a written agreement that said that time was of the essence or gave her a deadline, the time period that has passed would lead a reasonable person to conclude that the agreement had been breached and therefore a refund is due. The fact that she is partially done, would not normally make any difference to the court in determining breach, since you don't have the coat.

You will have to decide what you want to do, continue to work with her and set a date certain for the delivery of what there is for the partial money you paid, or file suit. Those though, are really your choices other than just having a local attorney write her a demand letter to try to get her to act.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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