AND DO YOU KNOW THAT IF YOU LOSE THEY CAN JUST DO THE SAME WITH YOU HEE HEE ! I would rather say that the 5000$ he paid was for the lesson of his own stupidity.
I am truly amazed at how afraid individuals are of lawsuits. In my estimation (which I did not state because I have limited facts here) there is almost no chance a small vendor is going to sue an individual who is telling the truth on the internet. A vendor screwing a person out of 5,000 is not going to invest 50,000 in a lawsuit very often. They cost both sides time and money, not just the little guy. These "slapp" suits have sort of taken on the status of urban myths. Traderkay pointed out that the courts are much less tolerant of b.s. lawsuits today. That is why I was talking about facts. While the advice to not waste your time is definitely worth considering. And it would always be smart to do a cost benefit analysis with respect to your time and assets. When doing the balancing, please realize the vendor has a lot more to lose than you and that you will have the courts and the the constitution on your side if you rely on the truth. Almost any vendor planning to remain in business, properly pitched to, will give in and surrender your refund. So in summary, with a proper plan you should expect your money back if the vendor has any, and you should not inflate the risk of lawsuit to yourself. In fact with a little effort you could file in your own court, get a quick judgement and then enforce your creditors remedies against the vendor without really that much effort. There are books that make this stuff rather mundane. Now of course you can let the vendor walk all over you and call it a "lesson learned", but I am not sure what that lesson is or if it is worth paying 5000 dollars for. If I sound too aggressive here, this situation hit the nerves that drove me into law school in the first place. I hate being played for a sucker and I hate it when there is a body of knowledge that is used to intimidate me or keep me out of the club. Good luck.
Just post your experience here - start with: "I am attempting to get a refund from XYZ Company. I feel it is owed me because [put your reasons here]. Here is correspondence I have exchanged with them. [Put correspondence here]. I am providing this information to my friends at Elite Trader, as I want them to be aware of the situation." There it is - and you say nothing negative or derrogatory.
Yes you must just leave the school then with a bit of years experience I think your naivety will just change. My mother has lost not just 5000$ but millions in lawyers against crooks, I myself have met crooks and lost a lot of money against them just for paying lawers but as I said it is even one of them who conducts me to futures market so the guy lost my money (more than the 5000$) in just a few days and as I know anything about stock market I just couldn't say anything but at least I learned there was crooks in futures trading and without him I wouldn't be in trading finally hee hee ! The only sure winners are lawyers haha ! I dare say that a god lawer well you must look twice before chosing one that is really competent.
I posted some bad review of an online bank on a site that sends a copy of my post to the president of the company being "downgraded". The bank screwed things up in my telecredit rating so I can't open an account with another bank!! No biggie to me, I already had an account with a credit union so I switched to that. One of the reasons I want to make it big as a trader is so I can have a good attorney on tap for situations like the one in this thread. I have seen an insurance company go from talking to me like I was an undeserving idiot to literally getting out a blank check, after my sister, who is half of an attorney firm, wrote them a letter on a legal pad. No attorney firm name, no threat of a lawsuit, just a nice concise explanation of why we did not want their doctor to do an operation, but on a legal pad and written like it was from an attorneys office. They did a 180 and started talking to us nicely, and intelligently, and construcively. I've gone to arbitration with crooked subcontractors who were talking all kinds of krap at me, no biggie, eventually they just had to write me a check or lose their license. I learned to write those letters like sis can do to problematic neighbors, works like a charm. Get a little experience in court battles, after that you will have real good antennas for bullshit arguments versus what the judge is likely to say, then it is just a matter of deciding if a court battle is worth the time, assuming you are going to get your costs back. Max
You have to realise that if the other party is as determined as you are, you are bound to lose. They may give up, but if they don't, you will lose. Sad, but truthful, if you disagree, please post your experience that woud indicate that I am wrong.
Listen to this guy, not only is he just a SOLID guy, but he knows his stuff. When my partner and I we being intimidated by a former trading firm, he was quick to let us know what to do (and what not to do). Not only does this guy know the law, but is a real down to earth trader. Thanks JEM! JWKirkland
Ref: The Online Petstore Case There was a type of counter suit filed and won; and the plaintiff, who was a lawyer, ie minimal out of pocket cost, was awarded $50000. But what happened next, the business he sued and won a judgement from filed for bankruptcy. So his chances of collecting a significant amount is pretty small. Remember, it was a business vs. individuals and as I understand it, this insulates the indivdual who owns the business from personal liability. You get to sue the biz. but the guy running it can pull/hide assets quickly, go bankrupt, so all that is left is the name. And, as I understand it, the guy will reopen under a new business name and only the people who were involved in the case or read about it may even know that it is being run by this guy. DS
Just post the vendor.. you have two posts and a phony board name, I don't think you have anything to lose.