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I bought new furniture at a small, local furniture store in…

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I bought new furniture...

I bought new furniture at a small, local furniture store in my hometown. Before delivery was scheduled I fell and broke my ribs and then had a setback with an autoimmune disease that I have which caused me to go into a major depression and unable to deal with anything beyond getting out of bed and going to work each day. This was almost two years ago. The furniture was never delivered and I now have found out that the furniture store donated it. Do I have any recourse?

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Minnesota and no, I have not talked with an attorney or advocate.

Lawyer's Assistant: Have you contacted the manufacturer?

I don't know who the manufacturer is. I did briefly speak with one of the owners of the store that I purchased the furniture at when I ran into him at a gas station. He indicated in the conversation at the gas station that I he could give me a partial credit and told me to call him. I wanted to speak with him in person but when I stopped in the store he wasn't there. I plan on speaking with him in person tomorrow.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just wondering if this is legal as I wasn't notified that they were going to donate the furniture. I would have thought they could have sent me a certified letter or something. I know I am to blame but don't have money to purchase new furniture. I never thought something like this would happen. I assumed it was sitting in their warehouse collecting dust. It upsets me that they donated it as I'm sure they took full credit for the donate when I am the one who paid full price for the furniture.

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
12/7/2017
Lawyer: legalgems, Lawyer replied 7 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,707
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 7 months ago

I am very sorry to hear this; glad you are feeling better.

so to be clear the contract (purchase agreement) did not have any provision which addressed "abandoned property" in the event that the customer did not retrieve property by a certain date?

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Customer reply replied 7 months ago
No, there wasn't really even a purchase agreement. It is a small, family owned furniture store that has been in my town for probably over 50 years. They write receipts on an old-fashioned receipt book. I paid the majority of it with a prepaid visa card and then made some additional payments in cash. I don't know if I can find my receipt anymore.
Lawyer: legalgems, Lawyer replied 7 months ago

Thank you;

if there is no policy about picking up (or failure to) then the company must comply with the statutes codified in the Minnesota Uniform Disposition of Unclaimed Property Act.

The person holding the property will be deemed a constructive trustee and must take reasonable care to safeguard the property and may only dispose of it AFTER notice:

https://www.revisor.mn.gov/statutes/?id=345

Additionally there is a duty to report unclaimed property to the Minnesota Department of Commerce. Failure to do so is a misdemeanor

https://mn.gov/commerce/industries/unclaimed-property/

The procedures required to deal with abandoned property is here:

https://www.revisor.mn.gov/statutes/?id=345.03

The customer can sue for reimbursement of the cost paid.

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Lawyer: legalgems, Lawyer replied 7 months ago

Small claims is appropriate for cases under $4,000:

http://www.mncourts.gov/help-topics/conciliation-court.aspx

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Lawyer: legalgems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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