Consumer Fraud Business with no legal address

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allegro

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I bought a new co-op. My parents helped me out with a lot of stuff. The previous owner had pets and the carpet smelled of it. My father hired a carpet cleaner. He charged me 3x the quoted price of $99 (a scam, which I later found out he is known for). The carpet came up around all the edges. It looked like a bunch of throw rugs. I had to hire another guy to reinstall it (tack it down) at the cost of another $100. After it dried, all the stains (which the cleaner charged me extra to remove) reappeared. Worse, it has a chemical odor that I can't get rid of. I have had the windows open nearly all day, for nearly three months. The cleaner was abusive and uncooperative when I called to ask him to come back and take a look at it.

I had two other carpet cleaners here to evaluate his work. They say that he used too much cleaning solution and didn't suction it out when he was done. One had a meter, which he used to determine that the underpadding was still soaked (3 months aftet the cleaning). He says they this kind of thing takes forever to dry, although the rug itself is dry to the touch. He said that the chemical won't evaporate, it will just settle into particles. The odor may remain. I am being quoted prices anywhere from $200 to $1,000 to try to remove the residue and dry out the underpadding -- with no assurance that this will work. If it doesn't, it will cost me up to another $2,200 to pull it up, dry out the floor, and have a new carpet installed.

The other carpet cleaners couldn't identify the chemical used from its odor, which the lab that the State's Department of Environmental Protection uses for testing, says is cause for concern. They say, if I can't get the original cleaner to identify it, I may have to spent up to $600 to test for everything -- and they can't promise that they'll find it. They say that fact that other cleaners don't recognize the odor is very troubling.

Since the cleaner will likely refuse to identify the chemical, or lie about it, if he knows they are testing, a guy from the lab offered to do a site visit, on the condition that he has a business address, i.e. a public place (i.e. that he is not working out of a private home). If anyone can walk in and see drums of chemicals, he could make a note of it and know what to test for in the rug.

The invoice I received from the cleaner has his phone number and a partial address: "LaGrange NY 12510". No street address. When I tried to find it (searching by company name and zipcode) I came up with a bogus address. I took a ride out there and it's literally an empty field, probably belonging to the parish of an adjacent church.

One other note: I also had a Health Department inspector come to look at the place. She found it clean and in excellent condition, other than the chemical odor from the carpet. No sewer or plumbing problems. No bacteria, pests, mold, mildew, etc. Bottom line: the odor is not coming from anything that I did or any problem with the building (plumbing, drainage, flooring, etc.) No record of this ever being the case, nothing here to indicate a problem with any of it.

Legal Questions

I want to sue the carpet cleaner, but I would like to know:

(1) If a business is required to list its full legal address on its invoice? (If so, what is the citation in law?)

(2) Is it legal for the business address to be a PO box, or forwarding address, or some other dodge to conceal its location? Some more recent Internet searches are coming up with a PO Box, which may or may not be valid. (It has been suggested to me that he may be storing toxic chemicals at his location and that, or the desire to frustrate lawsuits may be the reason for failing to disclose the address on the invoices).

(3) If a business is incorporated (as the invoice says this rug cleaner is) is there some way that I can find its address from the incorporation papers or public records?

I can't afford to handle this any way but through small claims court, so I am doing all this myself. Thank you.
 
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Notice & Opportunity First, Litigate Later!

Let's get the "legal questions" out of the way first!

(1) No, there is no a legal requirement for a business to print its full address on an invoice, unless it is involved in construction or plumbing, in which case the state's license number must, if nothing else, be printed in bold, clear, visible letters on everything used to conduct the business. From the business cards all the way up to the vehicle used in the course of business.

(2) Yes, it is perfectly legal for a business to display a P.O. Box as its address, widely practiced by mail order catalogue and credit card companies.

(3) Yes, of course you can. If the business "says" that it is incorporated, then its application for an Incorporated status (including Articles of Incorporation) will be on file and online with the State's Government and on its website. The cursory information given there would be the date of incorporation, legal name of the company, whether the corporation is active or has folded, and, it has to also show the name of the person designated as Agent for Service of Process. So the agent is the person to be served with legal papers in an event the corporation is sued.

But before you go ahead and commence litigation, you should make a good faith effort to resolve the controversy by giving the carpet cleaner Notice & Opportunity to cure the defect, which by the sound of it you have not. Because you do not want to spend a lot of time and energy filing a suit only to be told in court by the defendant that he was not given a chance to put matters right. So it is not legally sufficient for you, as a plaintiff, to merely assume that "the cleaner will likely refuse to identify the chemical…!"

A prudent way to approach this would be to write a letter to the carpet cleaning company with all the details you have given here, and extending him the courtesy of a certain time period to respond to your letter. You should then mail the letter Certified with Return Receipt via U.S. Mail to the address appearing on the invoice, with copies also going to the person listed as Agent for Service of Process and to the address listed for the corporation. And if there is no response from the carpet cleaner (which is the likely outcome), then you go ahead and commence litigation.

But all that said and done, obtaining a judgment against and incorporated entity is one thing, and collecting on a judgment against an incorporated entity is quite another as only the corporation's assets can be levied against while the president's and directors' assets and whatnot are off limits and immune to any attachments. Hence, the reason some people Incorporate their business. So you may want to do a comprehensive asset search before filing suit.

fredrikklaw
 
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I did give notice. I spoke with tthe owner of the company. He was extremely hostile and abusive, making all sorts of absurd accusations, such as saying that I had probably dumped raw sewage on my own carpet just to force him to clean it again (hence my request for a visit from the health department).

With regard to his invoice. I was told that the Fair Credit Reporting and Billing Act requries businesses to include a full, legal address on its invoices. But my reading of it led me to believe that it applied only to collection agencies and credit card companies. I assumed that the law referenced was wrong, but not the requirement (because that usually seems to be the case).

Thank you.
 
More info ...

A check of county and state records today revealed no corporation with the company's name (i.e. he is falsely representing himself as incorporated). Nor is he a DBA. Furthermore, the zip code is not even the correct one for the town in which he claims to be located. Any ideas on how to track this guy down?
 
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