Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi, My name is Andrea, I am a licensed, practicing Attorney and would like to help,
Nobody can force anybody into a settlement. My guess is that they are stalling for time, waiting for the Statute of Limitations to run out, then you will not be able to sue them for damages. If they are sincere about settling the claim, or about trying to "work something out", then they will understand why you are filing a lawsuit against them. And, that is what you will have to do to toll (stop) the Statute of Limitations from running out,
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Andrea - I sent a follow- up question, and got a response that you were offline. I hope you will still be able to respond. Thanks again, Michelle however
I did not receive any follow up question and I have been online since I sent you my Answer.
From whom did you receive the message that I was offline ?
If you do not mind, could you resend your question again ?
A "Verification" screen shows your picture, areas of legal expertise, and a box showing your status as on (green) or offline (grey).
My questions were:
Is there something I can do to initiate a lawsuit or would I need legal representation?
How do I determine the timeline on the statute of limitations on my claim?
Do I inform the storage company of my intent to file a lawsuit?
I would like to move on this immediately, and appreciate your response to that end.
In Answer to your questions,
1. You do not need an Attorney to file a lawsuit;
2. You have a contract with the storage company. The Statute of Limitations for contracts in Washington DC is 3 years and it is measured from the time your cause of action against the storage company accrued;
3. You do not have to inform the storage company that you are filing suit against them; they will find out soon enough when they are served with the Complaint,
Thanks much for the reply yesterday.
I'm ready to proceed with the lawsuit, but need to know where to start.
If your claim is $5,000 or less, you can sue in Small Claims Court. You would go to Small Claims Court and ask for the forms, one of which will be your Statement of Claim. Fill everything out and file it with the Court. The Court Clerk will assign a hearing date to your case which will be between 21 and 30 days from the date you filed your Statement of Claim with the Court. You must serve the Defendant either in person by using a process server, or by Certified Mail, Return Receipt Requested.
You gather all your evidence of your claim and bring it with you to Court so that you can present your case,
Hello and Good morning Andrea,
The information you provided clearly outlays the legal process to address my issues through the court system. Your understanding of my dilemma and your many years of professional legal knowledge and experience as an attorney is invaluable as I proceed to present my case in the local court system. Thanks again for your most outstanding assistance. You are blessed to be a blessing! Michelle
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