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Can I sue a company for accepting my returned merchandise…

Customer Question
Can I sue a...

Can I sue a company for accepting my returned merchandise but not issuing a refund to my bank account?

Lawyer's Assistant: You can email***@******.***. JustAnswer is backed by a 100% satisfaction guarantee. So if our Customer Care team can't address your issue, and it's been 30 days or less since you paid to ask your question, they will refund your money.

I'm talking about a retail company not your company. Isn't this where you ask legal questions?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I'm in Nebraska, the company I purchased from is in Lockbourne, OH

Lawyer's Assistant: What steps have you taken so far?

I've emailed and called their returns department more than a dozen times over the past 40 days. The last time they responded was on March 19th after I emailed their customer service department over 20 times. They said that they need to confirm the receipt of the refund but I have an email where it states they received the refund on February 13, 2018. They haven't responded to my last three emails.

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

No that is all thanks

Submitted: 3 months ago.Category: Legal
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Answered in 2 minutes by:
3/25/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified
Hello I am an attorney here to help. So, the answer to your question is yes. Under the Uniform Commercial Code, a party to an agreement needs to perform within a reasonable time if not otherwise stated. The failure to do so is a breach of contract. In your case, if you have confirmation that they have received your returned items, if you returned the item within the time agreed upon in the contract, and they have yet to perform, and then it is a breach. Thus, the answer to your question is yes, you can sue and that would be the cause of action.Did you have any other questions for me today?
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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