Lets imagine I want to sue an American company
 

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?

talk to your lawyer

um, maybe call a lawyer?

LOL !!! idiots get screwed ! I love it

i wish you good luck on that buddy and keep me posted on any progress you make.

Can you recommend one that has dealt with online procedures before maybe?
btw...I dont live in the USA.

Thank you! :)

A subject close to my heart! :winkwink:

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 :-)

Thank you for your extensive answer. I will try to find me a lawyer in the same state and if possible in the same city.
So far I have compiled a nice file. I have proove that the company told me they would refund because the screwed up. I have proove they said they would do this as soon as the money arrived and I have proove that money arrived over 6 months ago. The problem is that this proove consists of icq messages and emails etc. Would this be accepted in court?
If I sue them would I personnaly have to appear in court or could this lawyer represent me fully? This question because I live in Europe and the company is USA based.
And yes...they tend to think that I will not sue because the costs might be higher then the gain. They will find out.

Seriously, this is for 1500.00 right?
No I am not gunna say just eat it, or that is not enough, but I will say that sure in the fuck is not enough to get a lawyer envolved.

Gather all your evidence and proof that you can. (ussually person with the most documentation wins) Show that you tried to communicate with them via various methods. I would use at least one attempt using some sort of certified mail.

When that is all done, your best bet really will be a small claims case. In most states in the US the filing fee is 70.00 or less which can be attached to the case if you win, and neither party gets to have a lawyer (saves a crap load of fee's). As for your location, and theirs, well I am not sure where you are at and where they are at, but you may wish to at least file in the same county that do business or reside in. This will of course result in travel expenses, and dependant on the judge could be re-inbursed if you win.

I am not to sure if you can have someone else represent you since you do happen to be out of the country (assuming), though that very well may be a possibility.

I do know that if you wish to go the lawyer route, it really is not worth the effort unless the amount is in excess of 20k or your really wanting to proove a point and think the other party will be able to cover your legal expenses assuming that was listed in the contract. By the way next time include a choice of venue clause in your future contracts.

Sorry I am sending the money back now immediately.

:(

Don't sue unless you can part with 40% of the money for the lawyer & 100% of your time in persuing it.

Thank you. It looks like our messages crossed. You allready answered a lot of questions I was posting at the very minute though.
Very valuable information. I will study it some more in the morning.
:thumbsup