Any Attorneys out there?

[traci]

I have a question and would like to know if I should pursue legal action.

It's regarding a product for home that was purchased. I have never received the product and wont refund money either. The amount in question is $3600.

 

[FinallyBoughtDVC]

I have a question and would like to know if I should pursue legal action.

It's regarding a product for home that was purchased. I have never received the product and wont refund money either. The amount in question is $3600.

I'm not an attorney, however I'm sure we can help.

Did you use a credit card to pay for the item? If so, dispute the charge with your credit card company. That's a very easy process to do. Simply call them up and tell them you were charged for something you didn't receive. They will then ask the merchant to respond.

If not, what is the item and how long ago did you pay for it? If it's a home improvement and you paid cash, certain municipalities have different avenues of recourse you can pursue.

Is the business that you bought it from still in business?

Have you contacted state attorney general?

I think if you give us more information, it would be much easier for us to help you.

 

[traci]

Thanks for the help. If nothing else just talking about it makes me feel better. Dh is at work today and I am stewing over this.

Here is the short version:

We are building a house and the item we purchased were finials for the roof.

January 06: We paid for the item (bought it from a small family owned business).
July 06: Ended up canceling the order.
The owner said he would refund our money.
Nov. 06: 4 months went by no money.
Jan 07: Told the owner he could send us the product afterall (trying to be nice here).
Feb 07: Today - no product. No money. Wont return calls or email.
The product has never been shipped and the business is not claiming to have sent it either.

**We have a receipt and copy of check that he deposited and cleared our bank. On the invoice/contract it doesn't say one word about all sales being final or no cancellations. A plus for us *I think*

I am tired of playing nice

I guess I am hesitant to sue this creep for what he owes us (we don't want a dime more). I just want our money back (or the freaking item). I am afraid we will never see our money, but I want him to be held liable for cheating us. I just don't know if this is something I contact an attorney for, or just file in a small claims court. Dishonest people really frustrate me. If I had $3600 to just hand out it wouldn't be to this jerk. If I do have to go a legal route I want to do it right the first time. I have never been in a situation like this.

 

[FamilyGuy]

I am not an attorney, but I do know that if this company and/or it's owner has any assets, small claims court will likely work for you. It should be fairly simple and reasonable file a case. Put everything together in a VERY comprehensive package. All documents and evidence.

Check with your county clerk to fing out more info. An easy way to start would be to Google small claims court, along with your county name.

Good luck!

 

[traci]

Thanks As you can see we are not vey savvy when it comes to the matter of suing people. I hate to do it, but gosh darn it, I want our money back!!

Do you have any idea if we go to small claims how that works? Say we win the case. That doen't mean the guy will pay us back...would they put a lien on his personal property?

I hate he's getting away with this!

 

[Darcy03231]

I'm a paralegal. You best bet is to file a small claim against the business. Just check with your Secretary of State to make sure you sue the right person, ie corporation, LLC or a person d/b/a.

 

[amarberry]

I'm not an attorney, but I managed small claims cases at a corporate level for a major retailer in my life previous to being a mom. I handled most states at one point or another and the process is different for each one. Looks like your in Missouri. I'm sure I handled something in your state at some point, but nothing stands out...not the most litigious state out there! Keep in mind that it's been a couple of years, so I'm a little rusty!

Your local county probably has a pamphlet or some information on a website outlining how to proceed with small claims court. You can probably do this yourself without an attorney, but some jurisdictions (more so in southern states) require you to have an attorney. Clerks are usually pretty decent with helping you figure this out. You'll also have to figure out the service rules in your county/state. You might have to hire a process server or the sheriff, or service possibly could be done through the mail. Depends on the jurisdiction.

You might want to consider sending a demand letter first stating that you intend to sue in 30 days if you are not refunded. Send it certified mail, return receipt requested and regular mail (in the event that this company refuses to accept your certified letter).

If you end up suing, check with the Secretary of State like Darcy03231 suggested. If it's a small business, they might not be a corporation, but if they are, they might have a registered agent (like their lawyer or a company like CT Corporation) that you can serve. That's generally easier than tracking down an individual. Oh, and make sure that you ask for your costs and interest in your complaint. This way you can hopefully recoup your filing fee, service fees, etc.

Enforcing the judgment varies from state to state as well. I know in New York, a sheriff can come in with an order and literally take money out of a cash register to satisfy a judgment. Some states aren't that aggressive though. Worst case scenario is that you would file a lien which isn't the best, but better than nothing, I suppose. Again, you local clerk should be able to provide you with this information.

Hope that helps. Like I said, it's been a couple of years since I've done this, but I lived and breathed it for a while.

 

[amarberry]

Thanks As you can see we are not vey savvy when it comes to the matter of suing people. I hate to do it, but gosh darn it, I want our money back!!

Do you have any idea if we go to small claims how that works? Say we win the case. That doen't mean the guy will pay us back...would they put a lien on his personal property?

I hate he's getting away with this!

You might want to think about suing both the company and the owner (although your filing fees, service cost might be greater). If you have a lien against the company and it goes bankrupt, you will have to get in line with the other creditors (I believe). If a judgment is against the owner as an individual, you can probably attach the lien to his personal property.

Just want to point out....I'm not attorney!!!! I'm just an average someone who has some experience (on the defense side) with this!!! Look into this further before doing anything, but I just wanted to throw it out there.

 

[stacy6552]

Another vote for small claims court.

 

[sillyguys]

I am an attorney (don't hold it against me . I agree with the other posters. File a claim in your local small claims court. The clerk of the court should be very helpful. In my experience they usually go out of their way to help pro se plaintiffs (which are people that file their own claims without an attorney). See if the court has a website because they usually have a FAQ section that will answer many of your questions. Make sure you have documentation of your receipt and your efforts to collect what is owed to you. A detailed time line would be helpful. Keep in mind that there are filing fees associated with the lawsuit, but you should be able to recover those in the event that you are succesful. Also, in the event that the defendant fails to appear for the hearing, you will be able to get a default judgment against them. Essentially, that means that you'll have to jump through some extra hoops to get your money. I hope this information was helpful. Good Luck!

 

[traci]

Thank you all

I am in a different state as the the person I have to take to small claims court. Fortunately, my family lives where I will have to file.

He is still blowing me off. I am going to send a demand letter in the next couple of days (nice, professional and to the point). In the meantime I am also going to start the process of filing.

What a headache. Now I have to worry about the creep dodging the certified mail and then trying to collect what he owes us.

Thanks again for the help dissers! And to our Attorney that posted...don't worry we wont hold your profession against you seriously, thanks for the help.

 

[sillyguys]

Traci,

In your demand letter, make it very clear that you are owed x amount and that if you do not receive payment in full within 10 days you will have no alternative but to seek relief in small claims court wherein you will seek interest and fees. I would send the letter via certified mail AND regular mail. Good luck.

 

[traci]

Sillyguys,
Thank you so much for that insight. I not only did that but also added a time line of events. The letter is one page. I figured the Judge may see it so I wanted to include the info. What are your thoughts on that? I will send it regular and certified mail...should I do that at the same time?

 

[sillyguys]

Yes. I would send the certified and regular mail at the same time. The reason is that if he fails to sign for and/or claim the certified mail, but the regular mail does not get sent back, then you can legally show that he received the letter. I would do this for anything that you send him, especially the summons and complaint for the small claims action.