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I went to perfect body and laser for sagging skin, they

Customer Question
Hello Lawyer's Assistant: Hello...

Hello

Lawyer's Assistant: Hello. How can I help?

I went to perfect body and laser for sagging skin, they suggested a procedure that takes 10 months to see results, like an idiot I took a loan to do that procedure, non invasive they call it. I didn't see any results, so I asked them for my money back, they said they wont do that, so I went to small claim court.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I got a letter from their attorney saying that they told me it can or cant work and they have all these papers that i signed, and if i don't drop the case they'll counter sue me for more money my money is 4300 dollars, they said they'll sue me for the actual price 7900, even though it didn't work im from new york

Lawyer's Assistant: What steps have you taken so far?

I went to small claim court for refund 4300

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

I want to know if i have a case or should i just let it go, im very nervous

Submitted: 2 months ago.Category: Legal
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Answered in 1 minute by:
5/26/2018
Lawyer: LegalKnowledge, Attorney replied 2 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,851
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 2 months ago

Good afternoon. Have you reviewed your paperwork? Does it state anything regarding a guarantee or results? Also, do you know if the treatment does work, in general, or do you believe there is fraud here?

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Customer reply replied 2 months ago
they had me sign a lot a paper, in there small print it says may not work and i signed it, did not read it be honest with you
Lawyer: LegalKnowledge, Attorney replied 2 months ago

Thank you for the reply. In order to proceed and prevail, you need to have a legal cause of action. In this case, did they breach the contract? Did they fail to do something that they were supposed to do? Did they make any promises or guarantees and fail to produce results? If one or more of those things are present, you can go forward. You do need to be aware that if you do, they can file a counter-claim against you and even try and recover attorney fees if they prevail. If what they do is legitimate but results vary and it did not work on you, it may be hard to sue and recover IF they did nothing wrong. When you sign something, there is a presumption you read it and understood it and asked questions and if you did not and thought that the results were 100% and this would work and that was wrong, they may not be liable IF they did what was required and contracted for.

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Customer reply replied 2 months ago
what I was verbally promised is results that I didn't get, but they covered that me signing that it may or may not work.
Lawyer: LegalKnowledge, Attorney replied 2 months ago

Yes, that is the issue and why any material representations should be reduced to writing, for this very reason. While you can try and go after them and hold them to the verbal representations made that you relied on, they could simply deny making them or tell a different story about what was discussed. Moreover, they are going to rely on the contract and if you signed it, it controls and even has the language which probably addresses verbal representations and how they will not be relied on and how results may vary. You may want to speak with a 3rd party, to see if this treatment does actually work. By that, I mean if what they are offering and selling does take care of sagging skin. If it is not possible, you could have a big case against them and a class action lawsuit.

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Lawyer: LegalKnowledge, Attorney replied 2 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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