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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I purchased a product on line last january and never received

Customer Question

I purchased a product on line last january and never received it. They refuse to refund my money. How do i get it back?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

Your situation triggers your right to make a claim for breach of contract for failure to deliver the promised product. This means, quite simply, that in order to get your money back, you have to sue the website company.

What was the cost of the product?

Where is the website company located? (this question is important as finding the identity of the company and their location is necessary to determining where to sue them).

I look forward to hearing back from you.

-Zachary
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I paid them $1850.00. The name of the company is Safety bullet LLC. Their website is safetyullet.com and they are based in Florida.

Customer: replied 1 year ago.

i mistakenly paid before i was finished. Are you still answering my question?

Expert:  TexLaw replied 1 year ago.
I will absolutely answer your question, and if you are not satisfied with my answer, let me know and I will refer you to customer service for a full refund.

In regard to your question, because the company is located in Florida there is a strong possibility that you would be forced to bring the lawsuit in Florida. However, you can attempt to bring the lawsuit in Minnesota in the small claims court nearest you.

Before we go further down the route of filing suit, did you pay for the order with a credit card?
Customer: replied 1 year ago.

Yes

Expert:  TexLaw replied 1 year ago.
The first thing I would do is contact your credit card company and request a reversal of the payment because the merchant has never delivered the product and will not respond to your requests for a refund.

This is the best way to get your money back and is known as a charge back. The credit card company should honor your request for a charge back and reverse the charge.

Have you attempted this yet?
Customer: replied 1 year ago.

I'm sorry. i misunderstood. I paid safety bullet with a personal check.

Expert:  TexLaw replied 1 year ago.
Ok.

Then we need to go back to suing them in court.

What you need to do first is send a certified demand letter that explains you have placed and order and sent a check to them. They have cashed the check but have failed to deliver the order. Tell them that if they do not either return your money or fulfill the order within 10 days of the receipt of the letter, you are going to initiate legal proceedings against them in Minnesota court.

You need to send the certified letter to three different addresses:
Safety Bullet, LLC
POST OFFICE BOX 15116
PANAMA CITY, FL 32406

Micheal F. Worley
Manager
Safety Bullet, LLC
5746 E HWY 98
PANAMA CITY, FL 32404

My research indicates that Safety Bullet, LLC is actually a Georgia corporation that is doing business in Panama City, Florida as a foreign LLC. Because the company has failed to file its yearly reports in Florida, its corporate status has been revoked, and thus Mr. Worley, who is the manager of the company, is personally liable on the debt to you.

See the following: http://search.sunbiz.org/Inquiry/CorporationSearch/ConvertTiffToPDF?storagePath=COR%5C2008%5C0522%5C15984293.Tif&documentNumber=M08000002386

If there is no response from the company, then you should proceed to file the suit in the small claims court and get a judgment against the LLC.

Unfortunately, the fact that the company has failed to file its annual report and has a revoked corporate status in Florida indicates to me that the company may be insolvent.

You can also notify the Georgia Attorney General's office and the Florida Attorney's General Office that you have a consumer protection violation to assert against this company.
Customer: replied 1 year ago.

thank you

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TexLaw
TexLaw
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Lead trial/International commercial attorney licensed 11 yrs