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IF YOUR MUFFLER still rattles after it was fixed or your catalog order still hasn’t arrived after two months, you can try several remedies before filing a lawsuit as your last action.
A carefully worded complaint, cancellation of a sales contract or pursuit of monetary losses of up to Rs.20,000 in small claims court are all options for you before turning to a lawyer. Always first try to settle a dispute out of court.
Register A Complaint
Contact the offending party and try to settle your dispute first before contacting outside help. Complaints will be more effective if you send copies of receipts and other documents explaining your case. If you are contacting the store or business by mail, send your complaint letter by registered mail and keep a copy for your records. If you are making your complaint in person, try to remain calm, but be firm and make sure you understand the other party
Cancel Your Contacts
Law varies state by state, some states allows you three days from the time you sign a home-solicited credit sales contract to cancel the sale. However you must do so by sending written notice to the company within three business days after the date of transaction. Keep a copy.
Once the business receives notice, it has 10 days to refund any goods or money that has been received, return any signed documents and inform you the business will pick up or let you keep items that were left behind.
Usually State law does not cover emergency home repairs, sales and services, or cases in which circumstances do not allow the goods to be returned in as good condition as they were in when the buyer received them. You also may cancel within three days any contract in which your house was put up as collateral or security for the contract. Contracts for vacation timeshares can be canceled within five days. To file a complaint with the Attorney General’s Office and call your state Consumer Protection Hotline.
Contact Better Business Bureau
Contact your local Better Business Bureau and the Attorney General’s Office
and file a formal complaint if you’re not satisfied with the business. If an individual or a business is violating
the law, then action will be quicker if you contact both offices simultaneously.When informal attempts to settle a dispute are unsuccessful, you may turn to the Better Business Bureau. The Better Business Bureau offers a free consumer arbitration service to settle disputes between businesses and consumers. Both parties must agree to the process and any decision of the arbitrator is legally binding. An attorney is not needed. The arbitration process can be handled by mail, phone or in the office.
Contact Your Credit Card Company
Credit card companies may offer you some protection in disputes involving purchases.
If you used a credit card to pay for a disputed service or product, you may be able to recover your money.
Write your credit card company a letter recording details of the matter. However, there is a deadline. You must mail the letter within 60 days after you receive the disputed bill.Consumers should take aggressive action to halt misleading business practices.If you have encountered problems with an individual or business but are unable to resolve differences, remember to:
- Contact the company in writing regarding your problem.
- Always keep a copy of your letter for your files.
- Never send original documents, such as bills, to a company.Send only the copies.
- Consider contacting one of the following agencies if you are unable to resolve a problem
Contact An Agency To Help Resolve Complaints
Provides information on registrations of corporations, fictitious names and benevolent organizations
CONSUMER INFORMATION CENTER Consumer Information Catalog
Pueblo, CO 81009
719-948-4000 - Provides a free Consumer Information Catalog on request
AVIATION CONSUMER PROTECTION DIVISION U.S. Department of Transportation
C-75
Washington, DC 20590
202-366-2220 - Handles airline service complaints.Consumers are encouraged to first contact the airline in an attempt to resolve a problem.
FEDERAL COMMUNICATIONS COMMISSION (FCC) 2025 M St., N.W.
Room 6202 & 8210
Washington, DC 20554
202-632-7553 - Handles complaints and inquiries regarding telephone systems, radio or television.
FEDERAL TRADE COMMISSION (FTC) Washington, DC 20580
(Accepts written complaints only) - Center provides phone numbers and general information about federal agencies and programs.
STATE LABOR DEPARTMENT, WAGE AND HOUR DIVISION to Handles wage disputes.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION U.S. Department of Transportation
Washington, DC 20590
Auto Safety Hotline: 800-424-9393
TDD line: 800-424-9153 - Provides information about safety-related automotive problems.
U.S. CONSUMER PRODUCT SAFETY COMMISSION Washington, DC 20207
Product Safety Hotline: 800-638-CPSC
TDD line: 800-638-8270 - Receives reports regarding hazardous products or product-related injuries, and provides product-recall information
U.S. POSTAL INSPECTION SERVICE Chief Postal Inspector
475 L’Enfant Plaza, S.W.
Washington, DC 20260-2100
202-268-4299 - Handles inquiries involving problems ordering merchandise or transacting business by mail, or if you suspect you have been a victim of a mail fraud or misrepresentation scheme.
AMERICAN ASSOCIATION
OF RETIRED PERSONS 601 E St., N.W.
Washington, DC 20049
202-434-2277 - Lobbies for seniors and provides legal counsel and other services for seniors.
BETTER BUSINESS BUREAUS- Handles consumer complaints in every states
DIRECT MARKETING ASSOCIATION DMA Mail Preference Service
P.O. Box 643
Carmel, NY 10512 - Assists you in removing your name from
mailing lists
DIRECT MARKETING ASSOCIATION DMA Telephone Preference Service
P.O. Box 1559
Carmel, NY 10512 - Assists you in removing your name from
telephone lists.
NATIONAL CHARITIES INFORMATION BUREAU 212-929-6300 - Provides information on national not-forprofit organizationsNATIONAL FRAUD INFORMATION CENTER
800-876-7060 - Provides general information on scams and will refer you to appropriate agencies if you think you’ve been defrauded
Small claims court can help consumers with such problems as a landlord who won’t return a deposit or a repairman who said he fixed a pipe that still leaks. Under state law, consumers who have a claim for up to $3,000 can, without hiring a lawyer, file a lawsuit in small claims court to recoup their money. Before you file suit in small claims court, make sure there is no other way of settling your dispute. You may save yourself a lot of time and effort.
File A Lawsuit in Small Claims Court
A fair process: Your lack of legal knowledge should not be a drawback in small claims court .
The plaintiff (the consumer who files the lawsuit)submits the legal documents in the associate circuit court of the county in which he lives. The associate circuit court is housed in the county courthouse. If the person or business you are suing is located in another county or if the product or service was bought in another county, you should file the lawsuit in that county.
Once the lawsuit is filed, a hearing date is scheduled.Hearings may be held in the evening or on Saturday.
There are modest filing fees in small claims court. You also must pay the cost of mailing the summons by certified mail or delivering it by the sheriff.
Consumers can file only six lawsuits a year in small claims court
What Happend In Court
When the court date arrives, the consumer who filed the lawsuit tells his side of the story to the judge. The consumer can call witnesses or use any additional information to explain his case. The defendant (the party being sued) also explains his side of the story to the judge. Do not be intimidated if the defendant isrepresented by an attorney. The judge has a responsibility to ensure the proceedings remain informal so your lack of legal knowledge will not hinder you. The judge then questions all parties associated with the case before making a final decision. If the judge rules in favor of the consumer who filed the lawsuit, the losing party in the case must pay that consumer
How To Prepared Your Lawsuit
Some points to remember: 1. Organize relevant materials such as bills, receipts and letters so you can make a complete and
orderly presentation at the hearing.
2. Prepare a full but brief statement of the facts in your case.
3. Determine what witnesses, if any,you want to have testify. Reluctant witnesses may be subpoenaed if they are important.
4. Check with the court before the hearing to find out if the defendant has been served with the summons. If service has not been made, the clerk can tell you your options. You may seek a continuance — or postponement — of the court date for this or a similar good reason.
5. Be on time for the hearing. Failure to do so may result in dismissal of your lawsuit. Court officials, however, do not collect money associated with the judge’s ruling.Consumers who have trouble recouping money awarded in small claims court have additional legal remedies under the law. Associate circuit court officials can explain those options.
The losing party in small claims court also can file an application for a new trial, which will be heard in circuit court. (You usually will need a lawyer’s help.) Those applications must be filed in small claims court within 10 days after the judge’s order or the losing party in the case is liable for costs associated with the judgment. Know the law: You can find Various states statutes on the Internet.
Seek Legal Action in Other Court
Small claims court can’t be used to recover disputed amounts exceeding $3,000.
When other remedies fail and if small claims court is not available to you because the amount in controversy is more than $3,000, you may want to pursue your case in court. You may wish to contact a lawyer to help you. Consumers who think they have been defrauded or victimized by unfair practices can file a lawsuit under consumer protection laws seeking actual damages. You may consult an attorney immediately.
The lawsuit may be filed in either the circuit court of the county in which the seller or lessor resides or in which the transaction took place to recover actual damages. The court may at its discretion award punitive damages (damages awarded in excess of normal compensation to the plaintiff to punish a defendant for a serious wrong) and may award to the prevailing party attorney’s fees, based on the amount of time reasonably spent.
