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I am contemplating a small claims action and this is my

Customer Question
I am contemplating a...

I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is to break up aka re-cycle the customers current phones. (no way to go back). But they give a 72 hour warranty that extends to 14 days. Typical state/government mandated warranties. I went back to the store 24 hours after the original sale and tried to cancel and "refund" and was told. Our phones were destroyed and shipped to the east coast. Victra US office is in North Carolina and home corporate is in the Phillipines. I am guessing destroying customer phones is a corporate mandate...part of the sales process. After some research; this is not a Verizon approved process but Victra is a very large retailer for Verizon. We thought we were in a Verizon store but it was Victra. Sad part of all this we went into the store looking a memory upgrade to my wifes phone. I am thinking small claims for $10K; the phones they crashed were $500 each and 2+ years old. I have a lot of time invested in this mess, we hate our phones (didn't get a choice) and have returned 2 "free" tablets because they came with 2 year network requirements. Didn't want the laptops and didn't even open them up for about a week. There is more but what do you think? Can I serve, who do I serve and we are out of pocket a 2 year phone agreement + paying for new phones. We are not stupid. I am a retired IT person/accountant with some good years in not getting talked into anything. What are my options and how much?

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Thank you

Lawyer's Assistant: Has anything been filed or reported?

Lee McAtee (###) ###-####

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I see that you maybe California based; this is Multnomah county Oregon.

Submitted: 5 months ago.Category: Legal
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Answered in 16 minutes by:
12/23/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,701
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Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

I am sorry to read about your difficulties.

If you are thinking about suing for up to $10,000.00, then that would be under Small Claims jurisdictional amount. For Small Claims forms and instructions, click here. To contact Multnomah County Circuit Court, click here.

The lawsuit would be filed against the company that you signed the agreement with. This may not be Verizon. This may be instead Victra. So, you need to review the agreement very carefully. The Service of your filing with the Court MUST be served on the Agent for Service of Process for that Company. You can find the Agent for Service of Process by going to your Secretary of State's website and searching for the corporation. The Agent for Service of Process would be listed on the Certificate of Incorporation. Remember, the Agent for Service of Process is NOT a Defendant in the case, but it is only there to receive Court papers on behalf of the corporation.

Goodluck with your case,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Customer reply replied 5 months ago
far Phillip Esq. has done an excellent job. If I have additional questions; I will certainly asked for him.Regards
Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

Thank you for your generous comments.

Kindly use the rating screen to give a 5-star rating.

Thank you for your cooperation.

Merry Christmas and Happy Holidays!

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