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On Aug 12, 2005, at 17:58, Daniel wrote:
On Aug 12, 2005, at 20:32, Jim Dynes wrote:
On Aug 12, 2005, at 6:10 PM, Christopher Dailey wrote:
It seems to be a standard practice now. If you tire a consumer out
long enough they will forget or figure it's not worth the
frustration. Skip the BBB they really can't do anything, (especially
if the business is donating to them every year). First get all your
documentation in order receipts etc. If you called them retain the
phone bill showing the number called. Second, file a consumer
complaint with your state attorney general. (Usually there is is a
website where you can fill out a complaint). It normally takes about
three months for them to get a resolution. (at least it does here in
Washington). If that doesn't work notify your credit card company in
WRITING, submitting copies of all your documentation and copies of
the complaint you have made to the state attorney general's office.
If the amount is small the bank will usually just eat it. If not
they will get back to you with different resolution scenarios. Such
as return said item (showing proof you have) or a partial refund.
And most importantly, don't forget small claims court if the firm
has any sort of business in your area. (Not always under the same
name or business). In some states they are required by law to have a
attorney represent them costing them far more in legal fees then the
item itself cost.
The only problem I see with small claims court is Mac Mall is in
Torrance California and I live in New Mexico. Can I file here? Will
they actually come here to appear in court? The cost of their plane
fare will be more than the amount they ripped me off fore. Also, is a
New Mexico judgement enforceable in California?
Jim,
You were not defrauded in California - you were defrauded in your home
county, so that is where you would file. Airfare and other costs
would be their problem. If you win a judgment against them, it should
be enforceable in California, but it might be a problem to find
someone willing to collect.
Daniel
With my own small claim submissions you have to file in the
jurisdiction that the firm is located in. This means if they have a
subsidiary within your area you could serve that location even if that
is not where you bought the item. So it would go something like this.
You bought the item from the store in Torrance, CA but they have a
shipping facility in say Albuquerque, NM which is owned by MacMall. You
could have the court subpoena served or sent there. (You would also
have to file the complaint there). Still, you need to use your Attorney
General's consumers office first to try to get satisfaction. It doesn't
cost you anything. Your paying taxes to support it, so use it. Most
companies don't like to see letters from that office and will settle to
avoid the possibility of a class action suit from there if enough
consumers in that state complain. Small claims involves a filing fee. A
fee to serve the subpoena. Personal time to show up in court, possibly
more then once. Finally substantial fees can be incurred in seizing
assets to get restitution.
Chris D. (Badger)
"Programming today is a race between software engineers striving to
build bigger and better idiot-proof programs, and the Universe trying
to produce bigger and better idiots. So far, the Universe is winning."
- Rich Cook
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