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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Hi COuld you please give me some guidance, i have sent automative

Resolved Question:

Hi
COuld you please give me some guidance, i have sent automative parts worth from 9 to 12 thousand dollars to a company to have an engine built also included is a 3 thousand dollar fee for building it so approximately 9 to 15 thousand dollars are involved.
This was done on febuary of this year it is now october and all i keep getting is ridiculous excuses one after another. It is clearly ovious that i am being taken for a ride.
I want to start to take legal action what should i do thank you.
Submitted: 9 months ago.
Category: Legal
Expert:  Jack R. replied 9 months ago.

Thank you for choosing Just Answer. My name is XXXXX XXXXX X 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 ?

 

 

Customer: replied 9 months ago.

Hi


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.

Expert:  Jack R. replied 9 months ago.

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.

 

Customer: replied 9 months ago.

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.


Thanks

Expert:  Jack R. replied 9 months ago.

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.

 

Customer: replied 9 months ago.

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?

Expert:  Jack R. replied 9 months ago.

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.

 

Customer: replied 9 months ago.

Ok thanks I have a general idea where I stand now.


Thanks

Expert:  Jack R. replied 9 months ago.
You welcome please be sure to rate my response with a rating of 3 or higher so i can get compensated.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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