Dry cleaners lost $160 pants, what should I do?

Question

My local dry cleaner lost a pair of pants that go with my suit. It's only $160 but I feel like they should compensate me for the loss. So far, they have completely refused. Some of the possible actions I've considered taking are as follows:

1. I've considered filing with small claims court, but I'm not sure if this is something that is done for $160 or not, or is even worth the other fees, etc. - Please advise.
2. I've considered standing in front of the dry cleaners with a letter handout explaining the situation and warning other customers in an attempt to sway their patronage and convince the dry cleaners to pay me to get rid of me, but I'm not sure if this is legal. Is it?
3. Is it a criminal offense for them to not do anything about it? Are they not responsible for the clothes they take to be cleaned?

UPDATE: Just got back from the dry cleaners in one more attempt before sending my letter of demand and what do ya' know! They had my pants. They didn't/wouldn't explain what happened. However, despite this being resolved without any further action, it was great to learn so much about what to do in this situation. Thanks to all who participated in the reclamation of my lost pants.

Answer 1

Do you have the claim ticket? I'll assume yes. Do a Google search for "Dry Cleaner Regulations for [state you live in]" and see if there is a regulatory agency because some states have them, although that might just be for environmental concerns. Worth a shot to call one and ask if they handle customer complaints.

Otherwise, the goal is to have them either find your pants or compensate you for the loss. I'd try one last time on the phone or in person. If that fails:

1. Send them a nastygram in the mail demanding $160 by x date or you will pursue "further actions". Keep the letter short and sweet. You can use Google to find example demand letters.

2. After they ignore the letter, file in small claims court. It will cost you ~$50 in filing fees which will be included in the judgement if you win.

3. Go to court, explain why you feel they owe you $160. Bring the claim ticket, the matching suit jacket, and proof that replacing it will cost $160.

Step 4: win!

Or if that sounds like too much work, you can just write a nasty review on Yelp. You won't get your pants back but it'll feel good. I'd avoid the complaining to the BBB because they have no teeth and the dry cleaner is not obligated to respond to a BBB complaint.

Standing right outside their door handing out pamphlets might be a bad idea since it's likely private property and they'll make you leave. But you could always do the labor union thing and hold a "shame on the drycleaners for losing my pants!" sign out by the street or entrance to the parking lot. (That seems like a lot of effort, although it'll look great on your Facebook feed!)

Answer 2

I really like Rocky's answer, some more info:

Keep in mind there is no limit on punitive damages. You could sue for the pants (160) + the filling fee (50) + a reasonable hourly rate to compensate your time (assume 200) + punitive damages of 4590 (assume 5000 limit on small claims court).

When facing a suit of 5000, it could be much cheaper to settle for 160. Keep in mind you don't have to take it. Once you file you may only settle for the pants plus filling fee. Once you actually get to court, you may only settle for the pants + filling fee + some time compensation.

If you have the claim ticket, you will win. The question becomes how much punitive damages could you also win? Filling fee, easy. The compensation for your time, very likely.

Once the owner is served a summons, they will probably go to a lawyer. The lawyer will tell them to settle ASAP. Use that to your advantage.

One thing you might be able to settle for is free dry cleaning. They might give you the $160, plus another $160 in free dry cleaning...if you are willing to use them again.

Answer 3

Read the claim ticket or receipt for when you made the initial drop-off.

Every dry cleaning business that I've used in the USA has had a warning about damages or in case of loss. They always agree to reimburse up to a certain amount, usually $50 or $100 per item. This is standard in California, Arizona, New York and Florida, as best I can recall. You won't get the full amount, and you may or may not get the maximum, but the dry cleaner should give you some kind of cash recompense as a result of losing your clothing while they had it in their possession.

Answer 4

Figure out what you want

You are looking to be made whole, so the requests need to be reasonable. You need to be clear that you want:

1. Your pants
2. Enough money to simply buy a replacement pair of pants

You aren't going to 'punish' the dry cleaner or anything else. You don't want coupons or free service for future work, you want your pants or cash.

Send a letter

If you send a letter, send it certified with a return receipt. You want to be able to show a judge you made efforts outside of the court that you attempted to reconcile the issue. Sending it certified is also a good way to indicate to the dry cleaner that you aren't going to just go away. Be clear, firm and very polite. You cannot blame or criticize the cleaner, simply state "On YY/YY/YYYY date I didn't get my pants back; I want my pants or I want money by XX/XX/XXXX date."

Picket

If you want to picket, contact local law enforcement and find out the rules before picketing. You can probably picket from a sidewalk, but that doesn't mean the dry cleaner won't approach you and get in your personal space.

If you hand out flyers, stick strictly to provable facts lest you be sued for defamation. It is smarter to hand out a fact sheet or speak from a rehearsed script so that you don't say something that would be actionable. Make sure you pick the busiest day of the week for a dry cleaner. (Weekends?)

Small claims court

I don't think this is criminal, but you can sue. Like others said, if you have the cleaning ticket (and the ticket doesn't absolve the dry cleaner of responsibility) you will probably get a judgement. Be careful what you ask for, make sure you cover all of your costs (the pants, filing fees, time off of work, and collection efforts.) Itemize all your requested costs and make sure they are reasonable. You only want to be made whole, and that only means $160 or pants (plus fees)

Collecting

Just because you won in small claims doesn't mean you can collect easily. Figure in your cost for collecting when you sue. You might have to hire somebody to collect on your judgement. If you hire somebody they will want a cut, so you might want to figure that out for your small claims. I am guessing this is a local business, so it should be pretty easy to collect. (Unless they go out of business, in which case you will get nothing.)

Answer 5

Dude, it's your lucky day! You just won the lottery!!

Do like this guy and sue them for $67 million :-)

Pearson v. Chung, better known as the "pants lawsuit",1 is a civil case filed in 2005 by Roy L. Pearson, Jr., an administrative law judge in the District of Columbia in the United States, following a dispute with a dry cleaning company over a lost pair of trousers.

Pearson filed suit against Soo Chung, Jin Nam Chung and Ki Y. Chung, the owners of Custom Cleaners in Washington, D.C., initially demanding $67 million for inconvenience, mental anguish and attorney's fees for representing himself, as a result of their failure, in Pearson's opinion, to live up to a "satisfaction guaranteed" sign that was displayed in the store.

The case drew international attention[2][3] when it went to trial in 2007 and has been held up as an example of frivolous litigation and the need for tort reform in the United States.

The entire story dragged on for years, with many appeals, and makes fascinating reading.