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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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We are senior citizens and we have been dipped for $460.By

Customer Question

We are senior citizens and we have been dipped for $460.By a man who was suppose to insulate our attic for $600. Total. He showed up took $460. To buy the insulation but only bought enough insulation to do a very small area, &140.worth was here about an hour and demanded more money for more insulation. He left without doing the job or returning any of the $300. He still had.
What can we do to get some money back?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 5 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Please be patient when waiting for a response. I may be looking something up, typing the response, or busy with something else and sometimes it takes a while to respond. The first thing to do is contact the police and inform them that you have been scammed and are a senior citizen. Often the police have a special section that is designated for cases like this. However, and unfortunately, some police departments don't want to get involved and so will tell you "it's a civil matter". If they do that then the only thing you can do is send a demand letter and if that doesn't get a response then sue. You can represent yourself or you can hire a lawyer and sue for the attorney's fees as well. The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.A lawsuit generally follows this process:1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.3) The sheriff will serve the defendant with the lawsuit.4) The defendant will file their answer.5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.6) After that the next step is to set the case for trial.7) During the trial you introduce your evidence and they introduce theirs.8) The judge renders a judgment and a written order is entered.That is the basic process of a lawsuit.

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