Legal Question in Consumer Law in Florida

Layaway jewelry

I stopped making regular payments on a pair of earrings I had on layaway at a pawnbroker shop. After phoning in April 2008, I was told the earring were still available. The balance was $80.00. In May, I sent a payment of $20.00. The merchant returned the check with a note stating that the earrings were placed back in inventory. I was told I would be given store credit only. I do not want anything else from that shop. I was told their policy is no refunds after 30 days. My receipts do not state this policy. On the day I visited the shop there was no sign hanging that mentioned this policy. I plan on taking this merchant to small claims court and I would like to learn if I have a valid case and what the likelihood would be for a ruling in my favor


Asked on 6/11/08, 3:06 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Layaway jewelry

To give you an honest opinion, I think your case is weak. I think everyone knows that, if you miss a layaway payment, your merchadise is subject to being returned to inventory. That's how layaway works anywhere. The big stores are nicer about it, and they usually give you warning before they return your merchandise to inventory, but that's a courtesy, not a requirement.

I'm not sure why you think the pawnbroker was just supposed to just keep your earrings in the back, hoping that one day you'd finish making your payments. You broke your contract. What was he supposed to do?

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Answered on 6/12/08, 12:18 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Layaway jewelry

i believe that if you breached your layaway agreement then you will lose your claim.

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Answered on 6/14/08, 9:46 pm


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