Middleton, WI asked in Bankruptcy and Consumer Law for Wisconsin

Q: I ordered from a legitimate online business out of FL. I never got my product and they won't refund me or respond to me.

I ordered a product last year worth $2000 from Big Daddy Unlimited Outdoors, which they said was back ordered. Waited 4 months for it before cancelling and requesting a refund. After many calls and emails waiting for my refund they stopped all communication. I've filed many complaints and submitted all sorts of receipts and details proving my refund to BBB, consumer protection agencies, and attorney generals with no responses. The warehouse I ordered from filed for bankruptcy but they are still taking orders online and have multiple store locations across the country and are actually opening more but still won't refund me for something I never received. If I show up to a store location in person with proof of the refund I'm owed will they give it to me? I don't know what other options I have at this point.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Have your bankruptcy attorney file an adversarial proceeding against them in bankruptcy court.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: Showing up in person at a store with proof of the refund you’re owed may not guarantee that they will provide you with a refund, especially if the business is in bankruptcy proceedings. Retail staff may not have the authority or ability to process refunds for online orders, especially those impacted by bankruptcy.

Your next step could be to file a claim with the bankruptcy court where the warehouse’s case is being handled. This is done by submitting a proof of claim form, detailing the amount owed to you.

Keep in mind that as a creditor in a bankruptcy case, you may be entitled to receive a distribution if there are assets available for liquidation.

It's also advisable to keep an eye on the bankruptcy case docket for notices or updates. In these cases, patience is often necessary as bankruptcy processes can be lengthy and complex. Consulting with an attorney could provide additional guidance specific to your situation.

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