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Originally Posted by Pornopat
I ordered a service and paid for it. They screwed up and we agreed on having them send the money back as soon as it arrived.
They never did send the money back though. I want to sue them. Even if it will cost me more then it has costed me allready (1500$). It is an adult company by the way.
How do I go about this? where do I start?
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A subject close to my heart!
It's hard to say.. every case is different. But based on the money involved, I'd give them plenty rope and communicate, daily if necessary, by email requesting return of the funds.
When you have a nice thick file of useless email complete with headers intact or even better, an empty file to show they never responded - the next stage is a fax ensuring that the actual owner/s or officers of the biz are aware of your claim - avoid any opportunity for a loophole excuse.
You may then elect to file a civil claim for the original amount plus interest and costs or go for the throat and file theft charges.
Initially the more "evidence" you can collect to show their intention is not to return the funds as agreed. This does not need a lawyer, but is a pain in the ass waste of time. But it is all useful cannon fodder for a lawyer to take up on.
Next you need a lawyer in the state where the company is based - any asshole is as good as the other in a non-complex case. I doubt you need a lawyer who has experience of electronic transactions - these are the same as any transactions. One side pays and gets product, the other gets money and delivers product - if either fail, we are back to your problem :-)
From your post, it smells like your debtor is like some others I've dealt with - they need their minds focussed on real life and may be making a lot of assumptions that you will not bother to persue this. If this is the case, I prefer the criminal charge route - it's a learning experience all round :-)