The Case of the Missing Candlesticks

amother

Tue, Apr 26 2022, 5:22 pm

Close to a year ago I gave in two silver candlesticks to a large Boro Park silver store to be waxed. We were told we would get them back within 2-3 weeks. After months of delays and promises they finally admitted that they had somehow been lost. We were assured that we would definitely have them back by Pesach, either the originals or a replacement.

Well, pesach has come and gone and no candlesticks, just the same spiel that they are working hard to locate them etc etc.

I honestly don't know if they will come clean. The candlesticks were simple silver in the $1500-$2000 range (received as a gift). What are my legal options for reclaiming them /a replacement/ reimbursement?

amother

Pistachio

Tue, Apr 26 2022, 5:26 pm

amother [ OP ] wrote:

Can you hold them to a date where if they don't find them they will reimburse you? Maybe put that out there and see what they say.

amother

Silver

Tue, Apr 26 2022, 5:27 pm

I just want to point out that whatever the candlesticks cost when you originally received them must have gone up in price since everything is more expensive these days. I would tell the store owners that I would want a replacement or reimbursement. It doesn’t sound like you will be getting them back.

amother

Amber

Tue, Apr 26 2022, 5:28 pm

My MIL's candelabra was lost in a store for close to a year. Bh they found it. It's a huge experience piece.
Many stores have a disclaimer that they're not responsible for lost or damaged goods, do they have such a disclaimer hanging in the store or written on the receipt?

amother

Mayflower

Tue, Apr 26 2022, 5:29 pm

amother [ Amber ] wrote:

Many stores have a disclaimer that they're not responsible for lost or damaged goods, do they have such a disclaimer hanging in the store or written on the receipt?

It doesn’t matter they will probably still be legally responsible for lost items

amother

Amber

Tue, Apr 26 2022, 5:30 pm

amother [ Mayflower ] wrote:

It doesn’t matter they will probably still be legally responsible for lost items

If they have a disclaimer, they're not legally responsible.

amother

Tue, Apr 26 2022, 5:31 pm

We've asked for a replacement but they've only hemmed and hawed and told us they they first have to figure out what happened to the originally but of course "were working extremely hard to figure it out and you'll get them shortly". This has been going on for close to a year. I wonder what my legal options are.

Last edited by amother on Tue, Apr 26 2022, 5:31 pm; edited 1 time in total

amother

Mayflower

Tue, Apr 26 2022, 5:31 pm

amother [ Amber ] wrote:

If they have a disclaimer, they're not legally responsible.

It’s not how it works in America. People think if they put disclaimers or make you sign away your rights it means something but it never holds up in court.

amother

Amber

Tue, Apr 26 2022, 5:33 pm

amother [ Mayflower ] wrote:

It’s not how it works in America. People think if they put disclaimers or make you sign away your rights it means something but it never holds up in court.

Disclaimers are generally held up in court in the US.
Disclaimers are legally binding.
The cost of going to court will most likely cost way more than candlesticks.

CatLady

Tue, Apr 26 2022, 5:35 pm

Give them a deadline of one week, after which time you will file a case in Small Claims Court. At this point, my level of trust in them would be rock-bottom, to be honest. They need to have some pressure applied.

amother

Mayflower

Tue, Apr 26 2022, 5:36 pm

amother [ Amber ] wrote:

Disclaimers are generally held up in court in the US.
Disclaimers are legally binding.
The cost of going to court will most likely cost way more than candlesticks.

How much do you know about law? As someone who is very involved in law I strongly disagree with you.

watergirl

Tue, Apr 26 2022, 5:36 pm

This is a beis din issue. Go sooner than later. They need to reimburse you so you can get the same or comparable item, not hand you 2k, because it wont buy the same thing in today’s market. Beis din will hold them accountable.

kenz

Tue, Apr 26 2022, 6:12 pm

amother [ Mayflower ] wrote:

How much do you know about law? As someone who is very involved in law I strongly disagree with you.

Especially with something like silver. They can’t just hang a disclaimer, lose your stuff, and then point to the disclaimer as lack of responsibility. That’s absurd and would definitely not hold up in court.

amother

Phlox

Tue, Apr 26 2022, 6:14 pm

watergirl wrote:

This. Time for a din Torah.