Thank you for choosing Just Answer. My name is XXXXX XXXXX I can assist you.
I have a couple of questions.
1) Was there any sort of written agreement between you and the corporation ?
2) Were there any representations made to you concerning how quickly the work would be completed.
3) Do you have a documents that show what was sent to the company ?
I have invoices showing the amounts paid and for what. Before I sent anything I had a discusion about how long it would take and I was informed 3 to 4 weeks, this is all availble on emails I have.
At this point I would suggest that you write a demand letter effectively indicating that you want the work done, or all money and parts returned to you within a reasonable amount of time (2 weeks). Failing that you will take the appropriate legal action to recover you money and property.
If there is still not response, you can contact the attorney general's (AG) consumer affairs office in the state where the shop is located. If the AG will get involved the shop will probably comply.
If AG will not assist, then you will need to file a breach of contract suit, including claims for fraud, and conversion. As damages you can ask for the total value of the parts, the money sent, and potentially punitive damages, legal fees, and court costs.
While this could be something you pursue with an attorney, given the dollar amounts involved I would highly recommend that you work with an attorney in the area where the shop is. This type of litigation can take some time depending on the Court dockets.
Also I am not in the usa I am in kuwait, would that make a difference to the steps you outlined or maybe is there a specfic depertment in the american embassy that handles or could help with these cases. So as I person out of the country what additional steps would be needed if any.
You could contact the American Embassy directly and ask if they have an individual who can help with a breach of contract claim in the U.S. Sometimes contacting representatives of you own government can be effective because they have contacts with their U.S. counterparts. I would highly suggest you contact your government officials first and see how they can start the proceedings..
The steps I have outlined can still be used. If you decide to file a lawsuit you will need a local attorney to handle the matter and attend hearings for you. Being out of country makes this more difficult for you. You are however entitled to the full benefit of U.S> law in pursuing your claim.
So for the whole span of legal precedings my lawyer would attend on behalf of me or would there be a time I would need to show up in person? And also, I know this may vary from firm to firm, but as a ballpark estimate how much legal fees principally am I looking at?
The requirement for attendance would vary by Court. You could potentially authorize your attorney to be able to fully act on your behalf at the negotiation phases of the proceedings. When and if a trial becomes necessary your attendance would be required to tell your side of the story and allow the other side to cross examine.
One other avenue you may try is to call the police department to see if the actions rise to a larceny by deception. This may not get your money back immediately, but it might provide additional incentive for the company to get your money and parts back.
Ok thanks I have a general idea where I stand now.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).