Mattress Land / Carpet Land Complaint - Scratched car roof - Carpet delivery

Review by mithrandir67 on 2007-06-28
FALLS CHURCH, VIRGINIA -- This past November 2006, I purchased a carpet from the Carpet Land store in Falls Church. An employee scratched the paint of the roof of my Jeep by sliding the carpet without any protection. A significant amount of paint was scratched off, all the way to the front of the roof.

After speaking with the manager and calling the supervising manager, no one was willing to accept any responsibility or offer any help. In fact, they blamed ME for not accepting their delivery service (for an additional $ 35)!!!

After a few more weeks of trying to negotiate a satisfactory resolution to this matter and after being rebuffed each time, I finally sued them in Small Claims Court in Fairfax, VA.

On May 4, 2007, I was awarded by the court almost $ 2,000 in damages & court costs. Nearly two months later, they have yet to pay a single penny. They claim they don't have enough money, but every week they can afford to run expensive ads in the Washington Times (and possibly in The Washington Post).

Please warn consumers to stay away from Carpet Land / Mattress Land stores!!!
Comments:19 Replies - Latest reply on 2007-06-29
Posted by rhondam718732 on 2007-06-28:
Good for you and I hope they pay up!
Posted by Skye on 2007-06-28:
Glad to hear it.
Posted by furnitureman on 2007-06-28:
I ahve it stated on all my paperwork that customers are responsible for loading and securing there load to prevent this.
Posted by Anonymous on 2007-06-28:
Had it been my car, I'd have not let them load it in such a way to scratch it. You're at least partially to blame here.
Posted by MRM on 2007-06-28:
It is customers' responsibility for protecting the Jeep's exterior finishes while loading. You should have placed a poster cardboard on the roof to protect it from scratches.
Posted by Anonymous on 2007-06-28:
You have learned a new lesson about winning lawsuits. Just because the plaintiff has won doesn't mean the defendant is going to pay up. You need to return to court and have a judgment issued against MattressLand for contempt. They will get a set amount of time to pay you. If still no payment you can have the court issue a property seizure. This is the fun part. The county sheriff will meet you at the main office of MattressLand. You walk inside displaying the court order and then help yourself to whatever you like until the $2000 is satisfied. I've done this with a business that screwed me over. You should have seen the look on the other guys face when the sheriff when I walked in with the sheriff in tow.
Posted by Anonymous on 2007-06-28:
This happened to me once... what I did is go see the local county sheriff and pay them around $20, they will then show up at the company to demand payment. They have the power to arrest if they choose, although rarely do. In my case, I got a partial payment. I sent the sheriff repeatedly until I got the whole amount, plus everything I paid to the sheriff's office. It was a PITA, but very satisfying.
Posted by rhondam718732 on 2007-06-28:
Clearly this judge disagreed that Mith was supposed to have "protected" his car before accepting the delivery because he was awarded the judgement. I agree that it would have been wise to do. Also, yes you can stand there and try to prevent them loading something so as not to cause damage but sheesh...you can't pull their strings like they're puppets...stuff happens. But when it doe and employees clearly caused damage, I would hope that stores would own up. Customers are still entitled to good service without fear of damage.
Posted by MRM on 2007-06-28:
Kenpopcorn, what does PITA stand for?
Posted by Pomona Guy on 2007-06-28:
I think you should buy a can of black spray paint and just put a "racing stripe" on your car to cover up the damage. It would look cool and probably increase the value of your car.
Posted by Anonymous on 2007-06-28:
"Kenpopcorn, what does PITA stand for? "
I'm thinking "Pain In The A$$"
Posted by MRM on 2007-06-28:
DUH! lol
Posted by Anonymous on 2007-06-28:
Yeah MRM, me too... D'OH!
Posted by DebtorBasher on 2007-06-28:
What exactly was it that scratched your car? Was it a wire or something the carpet was tied with?
Posted by Anonymous on 2007-06-28:
I'm with MRM, DUH!
Posted by ejack053824 on 2007-06-28:
The judge must either be stupid or someone is telling a frigin lie. I'm not buying you got a judgement for something that is partially your fault. You know damn well you needed a pick up truck for this delivery and thats why the company offered delivery service in order to avoid crap like this from happening. All the defendant had to do is tell the judge, "Your honor, we offered delivery service but the customer declined." Case dismissed!

Sorry..I'm not falling for this shyt.
Posted by Paks on 2007-06-28:
I would have had the intelligence to either accept the delivery service or, gasp, used a truck of some sort instead of having something like a carpet loaded onto the roof of my vehicle which is NOT meant to carry a load.
Posted by Starlord on 2007-06-29:
You have now run into one of the realities of the justice system. Since they will not pay on the judgment which you were awarded, you can go back to the same court, and they can order ways for you to collect. In this case, the judge could order a till tap, where a sheriff's deputy goes to the business and physically takes money out of the registers until your judgment is satisfied, Sometimes, the justice system makes decisions that are difficult for the layman to understand.
Posted by Noneill on 2007-06-29:
No way was the damage the poster's fault. A carpet company should be wise enough to know if loading carpet onto the roof of a car is a bad idea. A consumer would not be expected to know this having never done it before (most likely). Therefore the responsiblity was on the business to refuse loading onto the roof and make the buyer get a truck or pay for delivery.

And the poster needs to go back to court to enforce payment of the judgement. Several ways to do that.

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