Legal Question in Civil Litigation in New Jersey

I ordered furniture, paying $600 down. Later that day, I called the store and asked them to hold it until my husband could come in and see it. Whoever answered the phone told me that it would be no problem. Two days later me husband looked at the bed set and deemed it of inferior quality. I called the store and asked to cancel my order, the woman I spoke with told me to call back the next day and talk to the owner. I did. He informed it was never put on hold and, as a matter of fact, was on its way. Had I known the employee did not cancel, I would have had notified my credit card to cancel payment. Anyway, the owner claims that if I had the employee�s name, he would give me my money back, but now he will only give me store credit. Do I have any recourse?


Asked on 8/06/10, 4:26 pm

1 Answer from Attorneys

You can pay them, or...

Check your phone calls NOW, get a print out of the call, or your phone bill to show the date and time you called back to make sure they were not going to place the order, and make sure it was on hold.

Tell your card NOT to pay it, as the order was not confirmed.

If they call and threaten, buy a divice at Radion Shack so you can record your calls (ALWAYS a good idea to have one installed - only 1 person needs to consent in NJ). If they call, tell them you are not going to pay them, and their only option is to sue you. 98% chance they will not, but if they do, the record of your call to them will give you a better than even chance of winning at trial. Put your "never all me again, I'm not paying for the ___ I did not want or get" in writing.

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Answered on 8/12/10, 1:47 pm


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