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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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can I take trafick driver pro to court to get my money back

Resolved Question:

can I take trafick driver pro to court to get my money back it have been sinse 2011
Submitted: 1 year ago.
Category: Legal
Expert:  Alexia Esq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

Can you clarify what the problem is, who you want to sue, why you want to sue him, etc?
Customer: replied 1 year ago.

Because they did not Traffic Drive our website, others tried to find things in the back office of everything and we were told it was blank, nothing to be found. It was suppose to go out and attract 60,ooo or more but no one seen it.


They then called us and told us we needed a Copywrite and trademark put on our site for $5,000 and we never got it. After that XXXXX XXXXX called us and said we needed to pay $3,000 more because our website wasn't going anywhere. We could never get ahold of them and they promised all kinds of things and we never recieved them or help from them like promised.


We are senior citizens, we told them that over and over again and they kept prompting us that we would get way more back in sells if we finished what we started.

Expert:  Alexia Esq. replied 1 year ago.

Hello, and thank you for your follow up and additional information. With regard to your post:


can I take trafick driver pro to court to get my money back it have been sinse 2011

Optional Information:
Country relating to Question: United States
State (if USA): Illinois
What have you tried so far?: contacted the cradit card but it not help

 

Yes, you can, for breach of contract - ie. you promised to and paid $X (and it sounds like a lot) and that company promised to but failed to provide ABC. It breached the sales agreement. There are a few things you want to be considering:


1) Is this a legitimate company? You may want to determine if it is registered in its state to do business at all. Or given their shabby business sense, are they possibly true scammers (as opposed to incompetent business/web service providers) - if they are scammers, they likely will be 'judgment proof' - they won't answer any complaint at all (in court) nor will they appear in the case. You succeed when they default and you get a judgment or your financial damages - but you may not be able to ever 'satisfy' that judgment. They will not pay it and they will not be around to be garnished. The company may not have assets to levy and the people probably did not use their real names.

 

2) If it is a real company that just gives poor service, you can settle if they are willing, but if not, you sue, get your judgment and then have to hope that the company has the money to pay it. Often companies that don't have a lot invested close shop and / or file bankruptcy - and so then become legally NOT responsible to pay that judgment.

 

3) You may want to file a complaint with the FTC - at times, with enough complaints of deceptive practices or 'scam', they will cause an investigation to move forward. It doesn't actually handle an individual's case, but if it chooses to investigate, you may be able to learn who the responsible parties are and if they are convicted, at times the court will order restitution (that they pay the victims of their scam).

 

4) Always be cognizant of your statute of limitations. Different causes of action have different SOL's, and each state is different. IL has a 5 (oral) to 10 (written) SOL, which is very generous to plaintiff's, so that is good for you. But if you decided to pursue additional claims, and or had to sue outside of IL (like where the defendant 'resides'), you'd likely have to sue it there OR if your contract had a jurisdiction agreement, wherever that agreement stated and what that jurisdiction's SOL rule was.

 

So, yes, you can sue - if you don't spend a lot of money to do so (i.e. do it yourselves without hiring a lawyer), it may be a small investment to get that judgment, just in case you find you can get is satisfied, or if it acts to help you get that victim restitution should the State or Federal government take action. I do have to add that as I understand it, of all the scamming companies out there, and resources being slim, only a small % are every acted upon by the authorities. There is just too much work (if it is even possible) to find the culprits in this internet world and prosecute them. It happens, but against a small portion.

 

I wish it were easier! And I am so sorry this has happened to you.

 

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11827
Experience: 19 Years of Legal Practice Experience in this precise field.
Alexia Esq. and 16 other Legal Specialists are ready to help you

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Alexia Esq.
Alexia Esq.
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11827 Satisfied Customers
19 Years of Legal Practice Experience in this precise field.