How do I get money back for services that were never rendered?
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How do I get money back for services that were never rendered?
About 5 weeks ago, I contacted a local business to get 2 new air conditioning units put on the travel trailer we live in. After getting the quote of all materials and labor costs I put a down payment of $1500 to get the units ordered. Since then I have been given several excuses at to why they have not been out to install them. I finally got conformation they would be here today at 9:30 am to install them. I tried contacting them several times through out the day after they failed to show up. Finally 6 hours after the first attempt to reach them I recieve a text stating they will be closed until further notice due to
illness. Now I am down that money and have had to go purchase a tiny off shelf portable unit. It is the summer in central TX and it’s 100 degrees. What should/can I do to either get my money back or the units they purchased so I can get them installed?
Asked on June 14, 2017 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
All you can do is sue: that's how you force others to honor their agreements (e.g. provide the air conditions) and/or recover money (e.g your deposit) from them. It is the *only* way to do this. If the business was an LLC or corporation, you can only sue the business; if not an LLC or corporation, sue the owner(s) (and in the suit, identify them by name if you know it, or by "John Doe" if not, operating under the business's name). The problem you may have is that if the business is insolvent or has gone out of business (if an LLC or corporation), or the owner is insolvent or, say, passes away (if not an LLC or corporation), then you may not be able to get anything: winning in court does not let you get money where there is none, for example. Sue quickly, therefore, before any money there is gone or something else happens.
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