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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
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Experience:  Licensed Texas General Practice Attorney
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I want a from a business/school that has closed its

Customer Question

I want a refund from a business/school that has closed its doors without fulfilling
their obligation to me I prepaid $700.00 Since this is such a small amount who best
to help me? Small claims? states attorneys? Other suggestions?
Submitted: 1 year ago.
Category: Business Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

The state's attorney's office will probably only get involved if there's some evidence of fraud in the transaction. That is, if you can show that this business/school never intended to actually provide you with any service in the first place, then that could certainly be fraud and something that you could pursue. But that being said, such evidence would be difficult to come by, and with such a (relatively) small amount, it's unlikely that you would ever see any remuneration even if they were to investigate and pursue claims against them.

RGMacEsq :

Rather, I would suggest small claims, as that would be the quickest way to recover, should you be able to recover anything.

RGMacEsq :

g.

RGMacEsq :

Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you paid.

RGMacEsq :

Now that being said, if this company declared bankruptcy, that might be a fruitless effort. The reason is that in bankruptcy, most (if not all) of the debts that a company could have would be dismissed.

RGMacEsq :

But if the company is still in operation, or was operating as a DBA, then you could certainly have a small claim against them, and could still recover against them.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 12230
Experience: Licensed Texas General Practice Attorney
RGMacEsq and 3 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

I have chosen to go to small claims court Who do I serve the


incorporater 1 secretary 2 office manager 3 as indivuals or just


the company/business listed as company name LTD?

Expert:  RGMacEsq replied 1 year ago.
I would serve the company as an entity, as well as the individuals (if the company has "closed down", the individual COULD potentially be liable if it was inadequately funded, etc...)

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