Dallas, TX asked in Consumer Law for Texas

Q: What to do with that unfair business model of ashleyfurniture.com?

I ordered a set funiture from ashleyfurniture.com part of the set received damaged.got promised for a replacement. Replacement couldn't be done. I asked for returned because they can't fulfill my order. They refused and said they don't get funiture back after delivered. After alot of back and forth, they did scheduled a pickup, driver came but left confused ,I managed to get my refund from corporate claim, I noticed the claim person what happened before they close the claim. Claim notified the local ashley funiture of their system error of pickup , now local store want it back after refused of pickup and email me Said I could reply back by email. I did so. Sent 3 email begged for pickup again, sender never replied for 2 weeks. I emailed again and let them know that it has been 2 1/2 months since I m asking ashley furniture come get the funiture and it got damaged from water that I have to choice but put it in trash in the next 6 days, still no replied. Now they want charge me.

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1 Lawyer Answer

A: I'm sure this experience has been frustrating for you.

First and most important, do not discard the furniture you wish to return. Store the furniture in a safe place where it will not sustain any further damage.

Second, document how the furniture was damaged from water, including who was responsible for causing such damage. They may ultimately be liable to the store for the water damage caused to the furniture.

Third, hire an attorney with experience in consumer law in or near the county where you live to send a demand letter and file a lawsuit, if necessary. Alternatively, if the set cost $20,000 or less, file a small claims lawsuit in the justice of the peace court for a return of your purchase price If the set cost more than $20,000, you cannot file a small claims case and would be better served by hiring an attorney to file suit in county or district court. If you have to hire an attorney, be prepared to pay an hourly fee and to deposit a reasonable initial retainer for your legal services as this is unlikely to be the type of case an attorney would accept on a contingency fee.

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