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Jane Doe Deer
Jane Doe Deer, Attorney
Category: Consumer Protection Law
Satisfied Customers: 3864
Experience:  Atty for 24+ years; Plain English explanations; Scams, cons. protection, etc.
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It is a follow up question to the last question, as none of

Resolved Question:

It is a follow up question to the last question, as none of the avenues proved of any use. I am just wondering whether it is possible to recover the funds, as it will be three years in March and I understand that there is a three year liimit for recovery of money in these circumstances. Really, I just want to know if it is likely that an attorney would be interested in proceedings to recover $13000, or whether I should just write it off?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Jane Doe Deer replied 3 years ago.

Hello - did you want your previous Expert to help you, or may I answer this second question for you?

 

My best,

 

Jane Doe Deer

Customer: replied 3 years ago.
I am happy to continue here, if you are ok with it, it's kind of a last gasp issue right now anyway, but I think it is worth trying something
Expert:  Jane Doe Deer replied 3 years ago.

Great. Please give me a few minutes to read through your first question. I also have two other customers at the moment.

 

Be back asap!

 

Jane

Customer: replied 3 years ago.

That's really multi taskingLaughing Of course the time difference means that I may have to run off to deal with work matters, but I'll check to see what is happening regularly.

Cheers

Expert:  Jane Doe Deer replied 3 years ago.

I'm back.

 

If you can afford to write off $13,000, wouldn't you rather have it go to charity?

 

In some US States, the statute of limitations for breach of contract is six or more years, not three.

 

Your first Expert is right - notify the consumer protection offices in all states involved.

 

In addition, however, I would file a complaint with the federal office, at ftc.gov.

 

Now, if this company was going to transport your boat across the water, it is likely that Maritime laws would apply. Unfortunately, I only have a 14 foot kayak, so have learned nothing of these laws. I just want you to keep that in the back of your mind.

 

It's also possible that the US' Uniform Commercial Code would apply. I think it would depend on whether or not your boat would be consider "goods" being transported, or whether there is a separate section that would be spot on. Again, I'm just raising the question, but don't know the answer.

 

Now, only a green attorney who only passed the bar in the last year or so is going to take a case for 1/3 of $13,000, or approximately $4400.00

 

Just doing the research can easily consumer 6 to 10 hours, writing the complaint another 10....you get the idea.

 

HOWEVER...some states provide treble damages for consumer protection violations. Some states provide the award of attorneys' fees and costs. In federal courts, and some states, courts award penalties. Suddenly, you're looking at the possibility of a lot more than $13,000 PLUS the possibility of attorney's fees/costs.

 

So, it seems to me that you hired the wrong attorney. If this case can be filed in federal court (and it may well be possible), you can hire practically any attorney in the US, licensed in any state.

 

I would try large firms first, perhaps ones dealing with international cases. Try to get references, but also try some big cities such as New York, Los Angeles, Seattle, San Francisco....

 

Every state has a listing of attorneys online these days and a referral listing through the individual bar association.

 

In addition, most states have an association of trial attorneys - these are usually plaintiffs' attorneys.

 

For example, here are the listings for Arkansas:

 

http://www.arkansasfindalawyer.com/

 

http://www.arktla.org/AR/

 

 

Don't actually HIRE an attorney without first checking references. You can make an appointment for a phone consultation - offer to pay in advance by credit card or Paypal. Don't try to get the attorney on the phone - make an appointment. This is a professional.

 

Ask references such questions as does he/she procrastinate? Produce understandable invoices? Etc.

 

By the way - I am going on the assumption that you've already written to the company. If not, your first step should be to send a certified, return receipt, registered overnight letter demanding repayment no later than (put in a time and date). I suggest also demanding interest.

 

May I be of further help? This is a holiday week for us in the US, and I am visiting relatives. This means there may be a bit of a longer delay than usual in my writing back to you, should you have follow-up questions.

 

Otherwise, if I've answered your question, pleases be so kind as to click "accept" so that I will be paid for my time.

 

My best,

 

Jane Doe Deer

 

 

 

 

Customer: replied 3 years ago.
Hi, thanks for that information, I have written to the company. I have had email discussions with the attorney in Hope, and have contacted the consumer divisions of both Arkansas and Florida, but have received no response. I contacted the FTC but they suggested that they did not have jurisdiction to pursue the matter. I certainly understand the issues with the money side of things.... it is not realistic to suggest that a well qualified attorney would do much for a contingency fee of $4400. However, it is not really the money issue, it is more that I don't like being "stung" and feel that the international on line community is a prime target for unscrupulous activities even if it is under the banner of "Uship" or whatever. I am also not really that much of an evangelist that I would want to throw good money after bad. In actual fact, if the attorney wanted to keep the entire $13000, that wouldn't really bother me either, I would just want to know that I had a real chance of getting the money back. As far as making an appointment for a phone conversation is concerned, that does make sense, but the attorney I had asked and who had agreed on a process, did not answer any further emails. As a professional myself, I understand that no body wants to do something for nothing, but I am happy to pay whomever, provided I can get past point one, which is seemingly causing great difficulty
Expert:  Jane Doe Deer replied 3 years ago.

Understood, but was your reply a question or venting? I'm not sure.

 

I thought I gave you some good reasons why you shouldn't just give up on this.

 

BTW, you said that you "contacted" the two state agencies. Did you just call them or did you file a formal complaint? (You needed to file formal complaints).

 

If it's not so much the money, here's an idea off the top of my head to throw your way. Most law schools have legal clinics, where students learn to practice law under the supervision of an experienced attorney/professor. If the money isn't the issue, perhaps a law clinic would take this on as a teaching/learning experience. You could donate anything "won" to the school and perhaps get a tax write off (at least, in the US). They could perhaps agree to do the needed initial research for this type of case for free. Just a thought.

 

Let's make sure I understood your original question correctly. The way I understood it, you paid $13,000 US to a company to move your boat home, across international waters. They breached the contract and kept the money.

Please correct me if I've misunderstood.

 

Otherwise, how may I be of further help to you? I'd be happy to try.

 

My best,

 

Jane

 

 

Customer: replied 3 years ago.

No, it was not necessarily "venting", it was really to gather an idea as to whether this level of monetary loss is customarily worth pursuing in US courts. In Australia, it is a small court or minor court issue and these can often NOT be worth pursuing. The question was really one of a pragmatic enquiry. If I was to spend say a couple of thousand dollars up front on preliminaries, that would not bother me too much, as I think there is a principle here on web based purchases. Secondly, it was a combination movement of a boat (not boat home), but I guess that is immaterial. Thirdly, the complaints were lodged online to the agencies, but I did not get a response from either agency. I do understand the issues you have mentioned, and I guess I am in a position where the loss of the $13000 is "absorbable" whereas for most it would not be. However, if you were to say to me that in the circumstances, the chances of recovery of anything is poor, then I would not waste money on pursuit. If, however, there is a better than even chance that the money could be recovered, it is worth it. BTW, is it reasonable to have an attorney who is not from the actual town of Hope? There are a number in Little Rock, but that is some distance away. I am not familiar with the requirements of filing actions in US courts. If someone had to travel from say Little Rock to Hope to file an action, there goes the $13000 if you see what I mean. Once you have maybe answered this final query, I am happy to accept

Expert:  Jane Doe Deer replied 3 years ago.

You are my first customer to write so well, and it's a pleasure to talk with you.

 

Unfortunately, I don't know enough about the contract and other evidence to form an opinion on whether this is worth pursuing. An attorney making this evaluation would want to read the contract and any other relvant documents. He or she would want to know every fact involving the transaction, research the company, research the law....And, of course, the attorney would look into the company's finances - it's not worth suing anyone if they're neither solvent nor insured.

 

You can do your own preliminary research into the company's finances. If it appears to be solvent, the next step would be to pay an attorney to read through the paperwork - you could limit the time to, say, three hours. That should be plenty of time to review a contract and talk with you on the phone.

 

After that, you'd be in a better position to know whether to pursue this. Do you see why I can't just give you a yes or no answer?

 

Assuming it was, basically, a simple job, as I described above - a fee for service if you will - AND the company is solvent - then it seems (so far) worth pursuing, especially if you are awarded treble damages.

 

In regards XXXXX XXXXX to file/attorneys/etc. (jurisdiction):

 

The answer usually can be found in where a defendant lives or does business. If a company conducts business all over Arkansas, one can file a lawsuit in any county in Arkansas (put another way, any court in Arkansas that can hear matters of the particular type).

 

I don't myself recollect all the ins and outs of when cases can or can't be filed in federal (US, rather than state) court, but because this involves an international contract I'm fairly positive the case could be filed in federal court, giving you more flexibility regarding where to find an attorney and court.

 

In regards XXXXX XXXXX Little Rock/Hope question...attorneys rarely file cases themselves. In fact, the few that do are either new or small-time.

 

Cases can be filed using a "legal messenger service," and the costs are usually similar anywhere that that LMS provides coverage. In most places, cases are filed by clerical staff in the office, mailed, or filed electronically (in an increasing number of courts).

 

There would be a difference in cost, however, for travel fees for the attorney for depositions, court appearances, and so forth. That's something to consider.

 

I'd be happy to be of further help. It's 5:54 pm here, however, and I may need to continue our discussion tomorrow.

 

If I've answered your question, I'd be most grateful if you would "accept."

 

Good night,

 

Jane

 

 

 

 

 

 

 

 

 

 

 

Jane Doe Deer, Attorney
Satisfied Customers: 3864
Experience: Atty for 24+ years; Plain English explanations; Scams, cons. protection, etc.
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