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JBaxLaw
JBaxLaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11311
Experience:  Wide experience in consumer rights law.
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So.. I hired someone for a service have already paid them and

Resolved Question:

So.. I hired someone for a service have already paid them and the service is not going to be provided by them what can I do about it?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  JBaxLaw replied 10 months ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service.

I see you paid for services not being provided as agreed. In such situations, if you paid by credit card you may contest the charges with the credit card company so long as you do so quickly. You normally have about sixty days.

If the purchase was not via credit card, then normally you would start by sending a demand letter for a full refund via certified mail. That would include a copy or statement regarding the agreement and evidence payment was made. Be sure to include a deadline. Informal resolution, such as this, is often effective.

If informal resolution fails, then small claims court is the most cost efficient method to recover for breach of contract. When someone fails to deliver services for which you paid, they have breached a contract. In that scenario, you may pursue a refund in small claims court. The procedures in small claims court are streamlined and simplified such that an attorney is not required resulting in a considerable cost savings over other courts.

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
Customer: replied 10 months ago.

The money was sent via western union but charged to my debit card I was planning on contacting my bank and having them reverse the charges I just want my 460.00$ back as quickly and as relatively painless as possible I have sent the person an ultimatum via email saying that at 9:01 this morning if I have not heard from them that I would be taking action with my financial institution on getting the charges reversed and looking into fraud charges against them am I taking the proper steps is there more you would recommend?

Expert:  JBaxLaw replied 10 months ago.
Brandon,

I appreciate the additional information. Normally, with a money order you will not be able to reverse the charges. You probably paid for a legitimate money order. By reversing the charges, the money order company would be denied payment. You should speak with the money order company about the potential fraud. They may be able to assist you. If not, your recourse is typically limited to small claims court if the recipient fails to meet their end of the bargain.

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
Customer: replied 10 months ago.

I'd rather just go stake out the address I sent it to and confront the them in person than involve multiple organizations.. small claims court also sounds like a hassle... If I were to try and take them to small claims court how do I go about it? what if they don't appear? will I have to show up multiple times to get it resolved if they keep blowing off the court date?

Expert:  JBaxLaw replied 10 months ago.
Your local small claims court will have the forms and instructions required to start that process. It will likely take multiple visits to the court to obtain the funds owed to you. It is a simplified process, but still requires a degree of work unfortunately.

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
Customer: replied 10 months ago.

does the whole lawyer client privilege exist between me and you?

Expert:  JBaxLaw replied 10 months ago.
No. I am only providing information the same as if you posted your question on the internet elsewhere. I am not your lawyer. Please be sure you read the site terms. My role is to provide information. No legal advice or opinion is provided. You can only have an attorney-client relationship with an attorney in your state.

I only receive credit for providing the information if you leave me a service rating. I would really appreciate a positive service rating.

Thank you
Customer: replied 10 months ago.

So if I wanted to sue this person for fraud and I mean really take them to the cleaners like get them shut down and put away what steps should I take?

Expert:  JBaxLaw replied 10 months ago.
Small claims court places a cap on the amount which can be recovered. In most situations, you are limited to recover your actual damages. There are some consumer protection statutes which may allow one to recover triple your damages and attorney fees. That typically places a plaintiff outside of small claims court which means obtaining an attorney and a significant expenditure of time and effort. The process becomes more complicated so you would certainly want an attorney if you go any route other than small claims court.

I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
Customer: replied 10 months ago.

I dont care about getting any more money back than what I am out but I do want these people prosecuted by the authorities for fraud and to get them shut down where should I go to get that done

Expert:  JBaxLaw replied 10 months ago.
To accomplish that goal, you would want to report the business to your state attorney general's office. They have authority to pursue such a company who utilizes fraud and deception against consumers.

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
Customer: replied 10 months ago.

so if it was an escort service could there be any repercussions on me?

Expert:  JBaxLaw replied 10 months ago.
You cannot use the courts to enforce the terms of a contract or payment for illegal services. An illegal contract is unenforceable.

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
Customer: replied 10 months ago.

whats illegal about hiring a date for companionship?

Expert:  JBaxLaw replied 10 months ago.
The judge may be skeptical. Law enforcement could be alerted to look into the company.
Customer: replied 10 months ago.

the fact of the matter would be that they were to provide me with a date and they didn't though so how would i not be entitled a refund on my purchase?

Expert:  JBaxLaw replied 10 months ago.
The recourse in a situation where a service was not delivered is via the courts. You would have the burden to show you had a contract for legal service and that it was not delivered. It may be difficult to locate the actual business for purposes of serving them notice of the complaint.

Thank you again and please do not forget to leave a positive service rating.
JBaxLaw, Lawyer
Satisfied Customers: 11311
Experience: Wide experience in consumer rights law.
JBaxLaw and 6 other Consumer Protection Law Specialists are ready to help you
Expert:  JBaxLaw replied 10 months ago.
Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for leaving me a positive rating and ensuring that I receive credit for assisting you.

Thank you again

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