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Contact District Attorneys Office to file a complaint against Ashley Furntiure Owner Frank Von Ostrand.

KGET-TV updated 7:20 pm PT, Thurs., Feb. 25, 2010

17 News has learned the Bakersfield Ashley Furniture store plans to announce a going out of business sale Thursday. Plans for a store closure sale are mentioned in an internal store memo obtained by 17 News. This news comes as Ashley corporate headquarters confirmed an agreement 17 News reported Tuesday which promised the delivery of paid furniture to customers by April 24th. And, we're looking into the legal charges the local business could be facing. Although the local store is going out of business, Ashley corporate said it would start calling customers Wednesday to set up deliveries, but the local Ashley owner is not out of the woods yet. Ashley Furniture is already in hot water with a number of customers who paid for purchases months ago that haven't been delivered. Ashley corporate stepped in, promising to deliver the local orders by the end of April, but the Rosedale furniture store may still have to answer to the law.

A bankruptcy attorney representing Bakersfield Ashley store owner Frank Von Ostrand told 17 news that customers' money was not going straight to the furniture they paid for in full. The money would come in, some of it went to orders. Only a portion of each sale was for a particular customers' goods, said attorney Scott Belden. That made 17 news question if Ashley could face fraud or criminal charges. The district attorney's office couldn't answer questions directly about Ashley Furniture, but Deputy District Attorney John Mitchell says it's possible a business could be charged for embezzlement or theft by false pretense if it redirected funds without customers' knowledge. Can you prove at the time that the representation was made that the individual didn't intend to use the money for that purpose. The district attorney's office is encouraging disgruntled Ashley customers to file complaints, along with all of their documents on the DA's website for further investigation. That website is www.kern.ca.us/da . Click on the fraud related services link. You can also file complaints with the Better Business Bureau. Ashley Furniture Industries, Inc. told me this morning that the Bakersfield store is closing and having a going out of business sale. I am still an unhappy customer and will never buy Ashley again. I spoke with: Tammy Klimek Consumer Affairs One Ashley Way Arcadian, WI 54612 *-800-*24-0821 *-608-328-**** Fax Email tklimek@***e.

Location: Bakersfield, California

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