HOT SPRINGS, Ark. – A Garland County company is suing a liquidation merchandise dealer, alleging it wired $29,200 for a truckload of inventory that never shipped and that the seller never returned the money.
The Ridge Outdoor LLC filed the lawsuit Tuesday in Garland County Circuit Court against That Liquidation Place LLC. The complaint alleges conversion, unjust enrichment and breach of contract.
The Ridge Outdoor seeks at least $29,200 plus interest, attorney’s fees and costs.
That Liquidation Place sells liquidation merchandise from large retailers by the pallet, half truckload and full truckload, according to the complaint. The lawsuit describes it as a Georgia company with a registered agent in Warthen, Georgia.
The Ridge Outdoor agreed April 21 to buy a full truckload, the complaint said. The price was $28,000 for the inventory and $1,200 for shipping to the company’s warehouse on Ridge Road in Malvern.
The company wired the money April 22, according to the complaint. A wire transfer form attached to the lawsuit shows the money went to an account at Truist Bank and lists the recipient’s address as Orlando, Florida.
The next morning, a representative of That Liquidation Place texted that the load had been sold to someone else, according to text messages attached to the complaint.
“We had it on hold but holds are for 24 hours and after that time frame, it’s automatically released and someone ended up purchasing it,” the message said.
The representative asked for a routing and account number to send the money back, “ideally within the hour,” according to the messages.
The refund never arrived, the lawsuit said.
A Truist notice attached to the complaint, addressed to That Liquidation Place, said a $29,200 wire to The Ridge Outdoor scheduled for April 23 had been returned. “Please verify the recipient information and try again,” it said.
That afternoon, the buyer texted that the bank wanted a call back at 3 p.m. if the money had not arrived “to pursue a possible fraud situation,” according to the messages.
That Liquidation Place said April 24 that its bank accounts had been closed and it could not access the money, the complaint alleges.
On Aug. 17, the seller’s bank told The Ridge Outdoor the money was no longer available for recovery, according to the complaint.
The lawsuit said That Liquidation Place has refused to explain why the refund failed, where the money is or whether it has tried again to return it.
The Ridge Outdoor sent a demand letter Aug. 25, according to the complaint.
The purchase agreement attached to the lawsuit says all truckloads are sold “as is” and that claims, refunds, credits and disputes “can take 3 – 30 business days to resolve.”
In the complaint, The Ridge Outdoor reserved the right to add other parties “that benefited from and/or participated in the conversion.”
The Ridge Outdoor was formed in February and lists a Pearcy address, according to Arkansas Secretary of State records.
That Liquidation Place had not filed a response Tuesday. A summons was issued the same day.
Attorneys Jacob Fair and Angela Comeaux of Wright, Lindsey & Jennings in Little Rock filed the lawsuit. The case is assigned to the court’s Division III.
A lawsuit contains only one side of a dispute.
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