legal
 

 legal







 

Question by  Kamalani (128)

What legal action do you take if service was not rendered?

I hired a company to do a job and they did not do it nor did they refund my down payment.

 
+8

Answer by  patti (29325)

Your best bet is to file in Small Claims Court. Go to court on the assigned date. Take copies of the contract, as well as information regarding the date/time of conversations about the matter. Make copies to hand to the defendant as well as the Court. You must prove that you upheld the contract and the company did not.

 
+7

Answer by  JamesPorter (63)

Contact a lawyer who specializes in civil law immediately. After reviewing all receipts and contracts they will contact the company for you and request a refund of your payments before they take civil action. If the company refuses to settle the matter outside of court your lawyer will file a civil suit that will be settled in probate court.

 
+6

Answer by  patti (29325)

File in Small Claims. Be prepared with an organized file of all relevant information, contracts, documents, copies of checks/payments and a record of correspondence/phone attempts to resolve the issue.

 
+6

Answer by  shanb (49)

Depending on the amount of money invovled, you may file suit against the person you hired for breach of contract in Small Claims Court. You may also seek relief to have your payment returned or for specific performance of the service in which the person was hired.

 
+6

Answer by  Dean (4035)

You can probably file an action in Small Claims. Hopefully, you had a contract for service that details the agreement. If the company failed on its end of the bargain, you are due a refund, unless there is other language that specifies otherwise. When you file in Small Claims, take all the paperwork and listen carefully to the judge.

 
+6

Answer by  Jill13 (263)

You may be able to bring a "breach of contract" claim against them, even if there was no written or signed agreement between you and the company hired. If you don't think this would be successful, you can also file a claim through the Better Business Bureau online to at least get their attention.

 
+6

Answer by  MPyles (201)

The first thing you need to do is go to your local court house and get the papers needed for small claims court. After you take them home fill them out and bring them back the court will then set up a appearance for both of you, if the company does not show, it is a default judgment.

 
+6

Answer by  TheAnswerFairy (2345)

You can file suit against them. If the down payment was under a certain amount of money ($5000 in most states) you can sue in small claims court.

 
+5

Answer by  John (9008)

You can sue the company. You can also report them to your state attorney general's office, the better business bureau, or the federal trade commission.

 
+4

Answer by  Mary (2095)

If you paid with credit card, you simply dispute the charges with the credit card company. If you want to go to court and it is a small enough amount, then you go to small claims court and get a judgment against the person. After you obtain a judgment you can take it to a collection agency.

 
+4

Answer by  tamarawilhite (17883)

This would be handled in small claims court, unless the value of the your down payment is over $5000. Also contact the better business bureau.

 
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