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      03-19-2010, 11:08 PM   #21
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Drives: E92 M3
Join Date: Sep 2006
Location: San Diego, CA USA

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Originally Posted by cashmethod View Post
I AM GOING TO HIRE A SMALL CLAIM LAWYER TO HANDLE THIS MATTER. EVEN THOUGH ITS ONLY 180 BUCKS to me, it was the principle of not giving back my refund.
I know the feeling. More principal than money. Let me give you some advice though. I've been through this quite a few times (small claims) almost always winning.

1. Write a letter to them stating your case and your demand. Email probably won't cut it. Get a signature confirmation for delivery from the post office. In the letter threaten legal action if they don't work it out with you within a specified time frame.
2. If they ignore your letter you can file a smalls claims case on line. You do not at all need a lawyer for small claims. In fact most won't do it - way too little money involved. You do need to find out of their are an LLC, DBA, Corporation, partnership, etc. and where they are based out of. That determines who you must sue and where you must file the case.
3. I would not bother with the BBB, they can't really enforce anything, they can just give folks a negative "tick mark".
4. Follow the instructions on serving your notice of suit to the defendant. There are a very certain number of ways you must get the notice delivered to them. The forms for small claims will tell you or you can call the court for the advice. It is really pretty simple.
5. Get in front of the judge with your evidence, emails, invoices, pictures and your demand letter. Don't be emotional, just state your case and stick to the facts. If you have been wronged, you will win the case.

Good luck.
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