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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1735
Experience:  Practicing Attorney with 10 years experience
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I made an online purchase on Etsy marketing service one

Customer Question

I made an online purchase on Etsy for a marketing service one year ago. The service was for my Etsy online business. The company Is run by one person who rewrites your listings, titles, tags, descriptions and company profile. I paid for her writing services upfront and never received anything in return. Etsy has a time frame in which you can no longer file a claim or review. I had a lot of listings so I thought it was just taking a little bit of time to complete. I started questioning her progress and she always had excuses such as files were lost or family emergencies. I had medical issues with my son and all my attention was on that for a while. I figured once I get back to her everything would be complete. Once the time frame had passed to file a claim through Etsy or write a review, she no longer responded to my emails and now refuses to give me a refund. I have talked to PayPal and they too have time limites. I don't know what to do?
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Asad Rahman replied 7 months ago.
how much did you pay her?
Expert:  Asad Rahman replied 7 months ago.
I am sorry to hear this, but let me know how much money we are talking about? If it is a relatively small amount you can sue in small claims court for breach of contract.
Customer: replied 7 months ago.
$390.00
Expert:  Asad Rahman replied 7 months ago.
For that amount you need to file in small claims court. There are some filing fees but you can have those ordered to be reimbursed as well.
Customer: replied 7 months ago.
I know she would pay if she knew her business would be able to leave a review or she received a letter from a lawyer. I just want the fastest least expensive route.
Expert:  Asad Rahman replied 7 months ago.
For that amount I do not think it is prudent to have an attorney send a letter since his/her billable hour would likely not justify it. At least with small claims court you get reimbursed for your out of pocket if you win.
Customer: replied 7 months ago.
What is involved in small claims. What is the process? I have very little time due to the fact that I have an autistic son who is in therapy 6 hours a day.
Expert:  Asad Rahman replied 7 months ago.
Here is a great overview of the process. https://www.utcourts.gov/howto/smallclaims/ Usually you fill out the paperwork they provide you and you have to serve her. Then basically after a period of time you have a hearing/trial with a judge who hears both sides of the case and decides.
Customer: replied 7 months ago.
We are from different states would that complicate things? Are there any other options?
Expert:  Asad Rahman replied 7 months ago.
It does it make it a little harder but it is doable. You can try hiring an attorney to send a letter but not sure it would justify the cost.
Customer: replied 7 months ago.
I have already googled all this information. I was hoping for resources to online support. Ways I might be able to get her to issue a refund without taking it to small claims.
Expert:  Asad Rahman replied 7 months ago.
I can opt out and maybe another expert has better information for you.