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LEGAL: Anyone gone after a company for damages?
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LEGAL: Anyone gone after a company for damages? - April 6, 2011, 07:57 PM

Nutshell: Bought a bike end of last year (2010) in Cali, had it shipped here, damaged in shipping, all documented, all evidence and air bill submitted to the company, claim created w/ number, told it would take up to 30 days. Has been over 60 days, NO CORRESPONDENCE from company, now my phone calls are not returned, now my emails are not replied to. Amount I'm seeking is just under $600.

I know the usual is to start with an official letter that has to be signed for upon delivery. What then? Who do I contact? Should I see if a lawyer will take the case and then sue for damages + legal expenses? Will lawyers take the case with payment due upon settlement? It's a really tight case. Should I notify the better business bureau, or are they a waste of time?

Thanks!


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April 6, 2011, 09:31 PM

At $600 it's a case for Small Claims Court. You basically pay a fee to initiate a case and go to court representing yourself. Judge Judy style. What you do have to ask an attorney is what state/jurisdiction your case has to be heard in. Cause if you got it passed here in VA and won the settlement in absentia cause the defendent wasn't there, but you weren't able to force them to pay because it was in California, then it would all be a waste of time. So look into that. The next option is to call the BBB or so Consumer Protection Advocacy groups and ask them what steps you need to take.
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April 7, 2011, 01:03 AM

Pretty much what he said. The small claims paperwork is very easy to file and costs something like 50 bucks which will be added onto their bill should you win the case. If the company that shipped you the bike has a local office in VA it's better since you can make the claim directly towards them. If not you may have to file in their home office state via proxy then fly out there which you can then again add to their bill. I'm sure once you file the complaint they will settle though. If not you'll get a free trip to Cali. I'm not a lawyer though so I'm going to STFU!


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April 7, 2011, 06:50 AM

Thanks guys. Unfortunately for me, I think the corporate office is in Minnesota, not SoCal or Hawaii. This is going to be a PITA.


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April 7, 2011, 08:10 AM

what they said, but also keep in mind that winning a judgement is one thing; getting your money is another.

especially if the company is mia


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April 7, 2011, 09:05 AM

tell them you know people in publishing and they will be finished if they do not pay...


also send them this :


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