Can't you call your state rep and have him/her look into the state department that seized the property and see what recourse you have. If you have the proof the property is yours, maybe your local state rep. can help you. I would be sick if this happened to us. Thanks for sharing this horrible experience--it's a good thing to know it could happen.

Ulp! I have a small fortune in paid for appliances sitting in a store's warehouse... I did check that they'd be covered by my insurance, but I wonder if third party seizure is included?

Have you checked your insurance?

((((((HUGS!)))))

I'm no lawyer but it sounds fishy to me that the creditors can seize YOUR property - it wasn't part of the store's inventory. I would continue to pursue this but you may unfortunately be out of luck.

I know people think they're getting a bargain when they buy early, but stories like this prove otherwise. There are also issues when you buy early and then have delivery damage and/or warranty issues.

I am SO sorry - I cannot even imagine.

If you have the receipts your insurance should cover them since essentially they were stolen - taken. You owned them and someone else took them. I have to agree something is a little fishy here. THere are rules around bankruptcy and if the store has the record of sale an auditor would have gone through and know who owns what - you should have been called. Maybe they just haven't gone through everything yet? How long ago did they go out of business? I don't think I would let this go without a bit more of a fight.

I actually had two tibetan carpets held for 6 months at a carpet store - it did occur to me that probably wasn't smart - how often do carpet stores go out of business?!

Nancy

I'm so sorry this has happened to you. I know how much every penny counts. This is just so wrong. I will be praying that this works out in your favor. Maybe I'll be up there in May and I can come and give you a real hug!

Carol

UGH -- also sounds like a story a local consumer protection newscaster or newspaper columnist might be interested in...like the "7 on your side" kind of stories...this is Not Right. Don't give up.

You must file with the bankruptcy administrator as a claimant to get some share of the liquidation proceeds. Take in your receipts and explain the situation. You may need an attorney's letter. But something, at this point, is better than nothing.
Casey

You need an attorney. If the appliances are yours, ie:paid in full, it makes no sense that you can't get them if indeed they exist in the warehouse. By that I mean that an appliance issued to you via serial number that is yours. What more likely occured is that you paid with the idea that you would get the appliance available when ready. In that case, get in line behind a long line of creditors.

I hadn't even thought about claiming with my insurance company on my granite slabs. In my case, the storefront is empty, the phone is no longer connected and I can't even trace them. My loss is over $2000. My concern is if it would raise my insurance rates to make it not worth the effort. Does anyone know?

Nancy, I haven't practiced in 10 years now, but I used to work in bankruptcy law. There are a number of things that don't sound right, but having a legal right and being able to collect on it can be two different things.

If the appliances were yours and they actually transferred title to them and were storing them for you as you understood, they were not property of the debtor and they should not have been sold. In that case, you may have a claim against a trustee, the debtor's estate or a secured creditor who took possession of them (likely a bank or manufacturer. However, if the store treated your purchase as an order to be filled later, you probably have an unsecured cash claim (bottom of the pile) unless your state laws give you different treatment. Depending on how you paid for the appliances, you may have the right to dispute charges since you never received the products. It might be worth checking into your homeowner's insurance also -- although if the bankruptcy court treats the appliances as an order to be filled and not something you actually owned (read the nitty gritty fine print in your contract or on the back of the receipt, etc.), the insurance company is also likely to say they were not yours and therefore not covered by your insurance since you have to own it to have it covered.

A lot of attorneys will offer you an hour of consultation at no charge -- see if you can talk to a couple about your situation and see what you can find out about the status of the case, the assets and distributions. If the debtor has not received a discharge, you still be able go into the bankruptcy court and make a claim. If the debtor has been discharged or the claims bar date has passed, you need to determine whether you got notice -- are you on the listed creditors? If so, you should have received a notice and claim form. If not, you would want to look at published notices (newpapers and such). If you are not a scheduled creditor, you will have an easier time proving you did not get notice. If you are listed, the presumption will be that you did not get notice and that gets had to disprove.

If you are not scheduled and did not get notice, you have a stronger position to fight both creditors and any trustee or liquidator as well as to make claims against the principals of the debtor company and those acting on its behalf. If you did not get actual or constructive notice of the case, you claim may not be discharged -- you may still be able to make a claim against the company (to the extent it exists), the owners, possibly even their lawyers.

You need to act quickly since at the very latest, any claim you can make will be measured against the date you did find out that the store was closed. You know now, and if you want to act, you will have a limited amount of time to act.

That's about all I can think to tell you in a general context. If I knew more, I still couldn't advise you further since I am no longer practicing. Good luck. DOn't give up quite yet.

ncounty......you can file a claim with your insurance company, if it's under $2000 AAA will not raise your rates. It varies by insurance company. Problem is.....it will NOT be seen as a theft which is what your insurance covers. This is a case for the court system to decide what kind of property it was and how to proceed.

Hey - you can hire OJ to help you break in and steal your appliances back - oh, wait a minute - NEVER MIND :-)

that's horrible. we lost a lot of money back in january-- it is a very bad feeling. I'm so sorry for you.

weissman-- good plan ;o0

Ugh!! A similar thing happened to us last year during our renovation - we ordered $7k of appliances and paid with our credit card. We we called after a month to tell them when we wanted delivery, and they said "fine, fine." When we called to schedule delivery, they'd gone bankrupt. I was as furious as you are. In the end, though, we weren't out the money, because our credit card company covered it. Check with your card - it's worth a call. Good luck - my blood pressure went up when I read your post.

Thanks Nicole. I'll look into it. :)

My kitchen company also declared bankruptcy while holding many items I had paid for or put a deposit on. I literally hung around the warehouse, banged on doors, opened doors, phoned and made myself a nuisance until I got the granite I had completely paid for and they were holding for me, back. The vanity I had just paid a deposit for- VISA gave me my money back. I still owed them money, and they still owed me granite, so I didn't pursue things any further- figured that evened things out.

Hopefully there will be some trails you can follow to get some recourse. I wouldn't take anything anyone says as the gospel- keep at it if you can- I hope you manage to track down your appliances and get them back.

Wow, that is truly shocking! I was just saying to DH tonight that I can't handle the thought of our carpet being ripped up upstairs for the new hardwood (we just moved, the house is in chaos), so maybe we should delay and ask the store to house our wood? After reading this, we'll make room for the wood in our basement!

That is just awful!

Have you had any luck finding them? If you would like me to see if I can track them down (and you are not comfortable posting the name of the company, address, phone number and names of individuals who owned/worked there), email me from my member page. I can't make any promises, but I'd be happy to try.

Nancy, thank you for posting your story and to the others for sharing theirs, as well. It is an important but sad reminder that we all need to be cautious and conservative with our money right now.

I placed a 14 cabinet order on Friday for my laundry room and jack-and-jill bath and refused to give them the percentage upfront that they wanted just for this reason. I think I've gotten a little paranoid, but businesses seem to be dropping like flies, especially in the building/home improvement arenas.

I am so hoping that you get some resolution on this. Let us know how it goes.

Sandy

Thanks everyone for your advice and kindness. This was a company that had been in business for over 30 years and came very highly recommended by local designers. Our house rebuild has taken SIGNIFCANTLY longer than we ever expected and we bought the appliances about a year ago when a custom cabinet maker started our cabinetry. (Unfortunately he didnt work out but thatÂs a story for another day). The store agreed to store them for us. We picked up the dishwasher last fall because I needed it to get the exact dimensions for the front panels.

ncountry: Misery loves company. Sorry for your loss too. It is so frustrating when companies are dishonest.

flyleft: There was an article on the TV news in that area about people losing their money but I don't live in that town and missed it. We have emailed the writer in hopes of getting some additional information. By the time I found out, the warehouse was empty and all contact phone numbers had been disconnected, as well as the owners personal numbers.

Kitchenredo2 - I would love any help you can offer. The name of the company was Jim's Tri City Appliance in Johnson City, TN. The owner was Robert Brand but all contact numbers for him have been disconnected. Their web address (still works) is www.tricityappliance.net. I have discovered that they owned a number of plumbing stores in Alabama, all of which appear to have folded at the same time. I have discovered that they officially closed their doors day in mid-December, but because I live in another town I wasn't aware of it until last week. What I really need to know now is who seized the merchandise!

lascatx - thanks so much for the advice! We are trying to find out the name of the bank that seized the merchandise. I think we have a good shot at proving they were storing the appliances. Not only do we still have the receipts, we also used the serial numbers from the specific appliances to file for a manufacturers rebate. When the serial numbers match the units they have hopefully they will agree to release them to us without involving anyone else! I will definately continue to persue it!

Weissman: ROFLMAO Â I needed that!

Thanks again for all of your help!
Nancy

Gee, Nancy, I've been following your story and have really felt your pain. (I had a close brush with losing my Aga range when the vendor, Domain Home, declared bankruptcy. Luckily, and with a whole lot of high profile demanding -- like Raehelen-- I got the range before the liquidator disposed of it differently).

I think the fact that you have the receipts and serial numbers should help a great deal because at least you have some portions of a paper trail. And, somehow or other I just have a feeling that this is going to work out for you, even though it seems so uphill right now. If there is a silver lining in any of this, it might be the incredibly helpful advice and generous support you are receiving from so many of your fellow GWebbers! In that regard, I must say that I'm especially impressed by the thoroughness of Lascatx's reply (as an attorney long retired from the practice myself) and the offer to help by Kitchenredo. What a great community. Please count me in as one of those who is wishing you a dose of relief, a bit of justice, and a thoroughly wonderful kitchen at the end of all this!

I found the article in the newspaper

http://www.tricities.com/tri/news/local/article/foreclosed_business_leaves_customers_in_lurch/17591/

Patches 02 - that's the only article I can find too. Some local people said there was a follow-up story but I can't locate it. I emailed the writer on Friday and hopefully we will hear something back soon. Thanks for looking too!

How did you pay for these appliances? If by credit card you might be able to get the charge reversed as you paid for the items, and they were never received. The period for a claim is usually 3 months, but they can extend it in certain circumstances. Anyway, it's certainly worth a try. If you did pay by credit card call their dispute department immediately. Let use know what happens. Good luck!

I am SO sorry for your situation - I can't imagine how I'd feel if that happened. I was all set to mail in my check tomorrow(there's a small discount for paying by check or cash) , but as a result of reading this I'm now having second thoughts and may pay by credit card after all.

Believe it or not I know people for whom a store bankruptcy resulted in an unintended "profit." They had ordered furniture but never paid beyond the deposit because when it was delivered the stuff came in differently than ordered. Immediately after that the company went bankrupt and they were left with all this "free" furniture(that they didn't want).

Good luck to you in getting your appliances back.

I sorry to hear about your troubles. It is awful of them to do something like that. I'm sure they had record of items paid for and waiting pick up. The least they could have done was call you and tell you to pick them up or you could loose them.

I found the Bankruptcy Court website in their zip code for you--there is a case information phone number on this website. You can call and see if they really have filed for bankruptcy, and when, and how long you have to put a claim in.

Carla in Sac

What a shame, Nancy . . . I'm so sorry this happened. Our cabinets -- large kitchen, kitchenette, pantry, laundry room and 3 bathrooms -- have been ready and in storage since October or November. In January we contacted our KD with a question and she said due to slowdowns, she'd been let go in December! Panic!! We checked on the cabinets and were told all was well; they just couldn't give her enough hours to cover her child care. The cabinets were installed last week and I breathed a sigh of relief! This was also a family business, very good reputation . . . but in this business climate, anything can happen.

Hope you get some compensation -- or better yet, your appliances.

I am so, so sorry. This is totally rotten. I hope that the lawyers figure out some way to help you. Let everyone know if you have any more news.

I've heard of this kind of issue coming up with people who store their fur coats with furriers for the summer (no flames please :-) and then the furrier goes bankrupt. I don't remember how situations like this get resolved but it's similar to yours - you might be able to research it a little.

I'm a bit surprised that the lawyers you talked to said you have very little chance of recovery. Did they understand that you had purchased actual appliances with serial numbers that were being stored there?

As someone already said, you MIGHT have recourse with your credit card company. Even though you're past the normal date for disputing a charge, this situation has come up before and the credit card company can extend the date if the merchandise has not actually been received.

What a horror story. I hope you can recover what you paid for these appliances.

That's some horrible people to not even pick up the phone and let you know what was going on so you could retrieve what was yours. Good luck

I would assume (unfortunately) that since the items were not delivered or picked up yet, the product was not considered 'invoiced' yet. It would be like you gave a 100% deposit in full. Possession of the items means the store, probably, were still the 'owners' of the items. You are no different than people that put down 50%....does that mean they should get half of their goods?

For instance, if the items were stolen or destroyed in a fire, wouldn't you expect the insurance to be covered by the appliance company?

I'm not an attorney....just my 2 cents....so hopefully, I am wrong. Let us know how it goes!

Sorry this happened to you.
Kompy

Just an update:

Sautemom - thanks for the idea and online search. I've searched through all of the bankruptcy cases/fillings for East Tennessee and it doesn't look like they have filed for bankruptcy (as a company or individual). So, now I've also called a billion people and am on to two different paths. First is contacting the business records and collections office of the local City Hall. Second, I am starting to search through all of the deeds in the registers office to try and find a lien against the company or owners. Hopefully one of these paths will result in some information that is helpful!

nkkp - I've done some research and have various documents and information for you. I have the business information filed with both Alabama and Tennessee, addresses and phone numbers for relatives of the owners, names of past business partners, business information from other businesses (dissolved and existing owned by the Brands).

It is too much to post on this site. If you email me from my member page, I will email you the information I found.

Hope it helps!

Nancy,
I truly know the pain you are experiencing, because we are also "victims" of Tri-City Appliance. If you would be willing to give me your phone number or e-mail address, I would like to speak with you...sometimes it helps to put our heads together with others in the same situation. We are not alone, there are other individuals, as well as companies who are without appliances and sizeable amounts of money due to these crooks that operated a "so called reputable business". I would like for them to be made accountable for what they "knowingly" did to scam all involved and prevent them from doing this to others! PLEASE give me a contact address Nancy, as time is of the essence!

i am part of a credit card company and if any of you have done business with this merchant and has not received your appliances you can call your credit card company and file a dispute called "Non receipt of merchandise"..You credit card company can get your money back..thanks

you might be able to get some info on these store owners thru their business license. check you local city, county, state licensing offices. I worked in licensing at a local city here - all info (other than SS#) are public record. Ours listed the owners, home address, phone # etc.
tho they probably left owing taxes also. many businesses do.

Update

We are still searching for the company that took everything. I have found 2 banks with liens against the business. Although I have called both, it seems nearly impossible to get anyone to return a phone call. I have made it up the ladder to mid line people at both banks and will be calling them back again tomorrow. Hopefully I will find someone helpful.

Thanks!

Hi, I just found this thread and got curious: how are things looking now?

What a nightmare! I'm curious what's going on with it too.

Nancy,

I am sick reading this. Ugh.

Just a quick tip: most banks are public. Call the head branch and tell them you are a shareholder who needs to talk to the head honcho (of course look up who that is). Sometimes that works. ;).

Maybe your local newspaper has a consumer advocate who will try to resolve this for you and do a story. It sure would be a timely article, with various companies going out of business.

Update - still working on it. With it being summer, a lot of people are on vacation and it makes contacting the right person difficult. Also, the banks don't want to release the information so I'm having to really push them for information. I think part of the issue is that the company/bank that siezed the merchandise didn't follow the proper channels and file with the town so they aren't really willing to admit that they didn't do it correctly.

Rubyfig- thanks for the tip. One of the banks is public, so I'll try it. The other is a government loan for business, and we all know how easy the government is to work with...

I'll be back with more information in a few days.

Read this article....glad to see that some of the shoppers got their merchandise!

KOMPY

Here's another article:
Kompy

Nancy

I, too have been wondering about your situation. I have been pretty busy, but I have been thinking of you. We finally sold our house in FL. We moved to Greeneville on the 19th of June. Since we live in south Greene county we are having trouble getting internet, and a phone line! I feel like I've really moved to the country!

So for now, I am a frequent visitor to the library.

Carol

Sorry about this. I am no tax advisor, but this may also be a write off on your Federal Income Tax under losses.

i remember reading this post when it first appeared... i hope you get all of this settled!

Major Update:

If any of you did business at this merch.I found the guy who use to run the store.He is not the owner but what Im told he ran the whole store..His name is Jason Drake and he has opened a new business up that does the same thing that Jims Appliance did.Here is the info on his store

Professional Appliance
3101 Industrail Drive
Johnson City TN 37604

Hope this helps if any of you have not got your items or money back.