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I'll answer the question in the order that you asked and if you have any follow ups be sure and ask them in this thread.
I would like to know would we have a high probability of winning the case? This i hard to answer since I haven't seen all of the evidence but based on the facts you gave I would say it is an extremely high chance. They clearly breached the agreement/contract and should be required to refund the money.
They can make a claim for any work they did do or anything they bought and used in the yard but judges typically don't grant them anything for the work but they will allow them to recover for anything like plants, etc. that were used and are still being used.
Should we pursue a lawsuit in MS or TN? You can sue them where you live since that is where the work was being done unless there is something in the contract that states they must be sued in TN.
i read the above 3 responses
Would we be able to sue for the Consumer Protection Act? You can sue under it but there isn't enough information to determine whether it would be successful under the Act.
is that act viable in MS or only TN
Those are state by state. There is an act in MS and in TN. They are about the same in language and coverage.
In my opinion, I believe we have made several attempts to get our money back, however, do you think we should call them and ask for it. They are on Facebook and I have thought about not liking them and putting a blurb about the situation. Would that hurt or help my case?
As to Facebook it doesn't help the case and could cause them to get more stubborn or even sue for libel/slander although they wouldn't be successful.
what about calling them and asking for it, should we try that?
Since your lawyer has sent them a letter and they aren't responding it is unlikely they will respond to a phone call. It's probably better just to sue than to keep wasting time with someone who isn't going to work with you.
What recommendations would you give to me in looking for a lawyer to pursue this case?
Go to www.lawyers.com and look for a lawyer in your area that does civil trial law or civil litigation. They would have the skill set you need.
ok thank you
Anything else I can assist with?
no that addressed all my questions.
You're very welcome and best wishes to you on the case.
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