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Old 01-02-2013, 09:46 AM
 
227 posts, read 246,089 times
Reputation: 209

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Hello all.

I have an old gift certificate to a restaurant from 2001. The place is still around, but it has changed owners. To further complicate things, it is a real non-official/home-made looking piece of paper that the original owner designed (not a gift card or anything with a serial number of bar-code). It is for $50 so I want to use it and get it out of the way, but when I emailed the current owner, I got the feeling he wasn't going to accept it. All the information I have found online about current NC gift card and gift certificate laws says that if there is no expiration date, that it is still good and the business must take it. I also would assume (and this is a big part of my legal question) that any sale of a business includes all the assets and liabilities of that business - so that the value/debt of this thing got transferred along with everything else - even if the new owner wasn't aware of it and/or has no record of it. Since I have no way to prove it is real and not something I just made and printed out myself, what are my options and rights legally?

Thanks.
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Old 01-02-2013, 10:35 AM
 
5,150 posts, read 6,656,486 times
Reputation: 1439
Quote:
Originally Posted by DeanJ44 View Post
Hello all.

I have an old gift certificate to a restaurant from 2001. The place is still around, but it has changed owners. To further complicate things, it is a real non-official/home-made looking piece of paper that the original owner designed (not a gift card or anything with a serial number of bar-code). It is for $50 so I want to use it and get it out of the way, but when I emailed the current owner, I got the feeling he wasn't going to accept it. All the information I have found online about current NC gift card and gift certificate laws says that if there is no expiration date, that it is still good and the business must take it. I also would assume (and this is a big part of my legal question) that any sale of a business includes all the assets and liabilities of that business - so that the value/debt of this thing got transferred along with everything else - even if the new owner wasn't aware of it and/or has no record of it. Since I have no way to prove it is real and not something I just made and printed out myself, what are my options and rights legally?

Thanks.
Legally? Are you kidding? I would think your time just researching that question is worth more than $50. Basically unless the gift certificate says it never expires your SOL. If you want to spend $200 to open a lawsuit and $200 per hour for a lawyer than by all means what ever rocks your boat.

But as far as the law goes, all the protections about gift cards and certificates are pretty much recent. They wouldn't count for 2001. NC deems a gift certificate abandoned after 3 years according to the links here:

Anyone know rules regarding expired gift certificates in NC?

And the statute of limitations for a lawsuit is also 3 years in NC.

I wouldn't even try to redeem it. You might find your food customized in an undesirable way.
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Old 01-02-2013, 10:55 AM
 
Location: Charlotte NC
11,723 posts, read 9,374,209 times
Reputation: 5239
2001? Who keeps a fake looking coupon for 12 years? If you get the feeling it won't be accepted it's probably because you know damn well it shouldn't even be up for discussion.
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Old 01-02-2013, 11:57 AM
 
Location: Matthews, NC
14,693 posts, read 23,124,033 times
Reputation: 14334
Much as I had to agree with the others, they are probably right. But things could have been said more diplomatically.
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Old 01-02-2013, 01:25 PM
 
5,150 posts, read 6,656,486 times
Reputation: 1439
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Originally Posted by bs13690 View Post
Much as I had to agree with the others, they are probably right. But things could have been said more diplomatically.
Sorry. My troll meter was in the yellow. I've been accused of being legalistic and I guess that was part of it. I've been involved in 4 federal lawsuits in the last 2 years and I guess I don't want anyone to go through that kind of experience.
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Old 01-02-2013, 01:35 PM
 
Location: Charlotte NC
11,723 posts, read 9,374,209 times
Reputation: 5239
Quote:
Originally Posted by bs13690 View Post
Much as I had to agree with the others, they are probably right. But things could have been said more diplomatically.
Diplomacy goes out the window when the original question has enough red flags for you to go... "no, no..hell nah, NOOOOO!"
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Old 01-02-2013, 01:37 PM
 
8,402 posts, read 20,339,495 times
Reputation: 6775
I'd go by the restaurant and talk the manager on duty. I certainly wouldn't get into a discussion of legality over a 12 year old gift certificate.
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Old 01-02-2013, 02:22 PM
 
Location: Matthews, NC
14,693 posts, read 23,124,033 times
Reputation: 14334
Sorry some people can't be civil, but good luck in your quest. Personally, I'd probably just give it up as a loss.
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Old 01-02-2013, 02:24 PM
 
1,458 posts, read 2,224,056 times
Reputation: 3108
I'd give it up.

I am curious as to how you came to sit on a gift certificate for 12 years, though.
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Old 01-03-2013, 05:45 AM
 
1,117 posts, read 2,457,838 times
Reputation: 1051
Quote:
Originally Posted by DeanJ44 View Post
I want to use it and get it out of the way
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