· If your dispute is complicated and there's a lot of money involved, you might want to hire a lawyer to file a lawsuit for you. To find a lawyer, ask people you trust for recommendations or check with your local bar association for a referral. You can also search for an attorney on Lawyers.com or Nolo.com. About the author: Amy Loftsgordon is a legal editor …
There are really very few legal situations in which you will not need a lawyer, but here are a few: 1. Small Claims Court This court is reserved for civil disputes that do not involve large sums of money, the cap being determined by individual states. Normally, this is an informal procedure – both sides tell their stories and the judge decides. 2.
 · A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations. In the absence of an agreement to the contrary, the ...
An agency in each state is responsible for investigating complaints about lawyers. If the lawyer is found to have violated an ethics or court rule, he or she will be reprimanded, fined, and perhaps suspended or disbarred (license to practice law revoked). Lawyer discipline agencies cannot help you recover fees you have paid the lawyer, or make ...
Yes, you can sue the seller for fraud (depending on what was advertised and said) and breach of contract (again, depending on what you agreed to buy).
Goodwill refunds are at Facebook's discretion. If Facebook approves your Purchase Protection claim, you'll get a refund for the full purchase price of the product and any shipping costs. You can see full policy details in the Purchase Protection Policy.
If you feel you need a refund, please go into your Marketplace account and request a refund there using the following steps: Go to My Account > Purchase History. From your order history, select the correct order. “Request a Refund”.
Your order didn't arrive: We recommend waiting 2 days after the estimated delivery date in your order history. On the third business day, contact the seller. The item is damaged or unusable: Contact the seller to ask if they'd like you to return the damaged or unusable (example: locked phone) item.
Reporting a Buyer or Seller If you're aware you've been scammed, it doesn't matter whether you're the buyer or the seller. You can report them. Give Facebook a head's up so they can investigate the scammers.
To report a buyerNavigate to Marketplace.Click on Selling in the upper left.Click the message between you and the buyer (click Show Listings to the right of Sold if you've already marked the post as Sold)Click the three dots in the top right of the message box.Click Report Buyer.Follow the on-screen instructions.
If you qualify for a return but the seller won't give you your money back, you have some options:Write a complaint letter: we have advice to help you do that and a sample letter.Consider getting help from a consumer organization like Call for Action, Consumer Action , or the Better Business Bureau.More items...•
Company Won't Give You a Refund? Here's How to Get Your Money BackTry to Work it Out with the Merchant First.Option 1: Request a Chargeback.Option 2: Consider Mediation.Option 3: Sue in Small Claims.Option 4: Pursue Consumer Arbitration.FairShake Can Help Make Arbitrating a Breeze.
Go to Settings > Payments. Click on the payment in question to make sure it's been processed. Open the receipt. Click Dispute and fill in the information.
Unlike eBay and PayPal, Facebook does not offer buyer protections, only a simple person-to-person way to pay that's similar to Venmo or PayPal's free transfer service, a sentiment a Facebook spokesperson confirmed.
No one wants to get excited because they're the first to respond to a deal, and you don't get back to them for 48 hours. See the group's rules for acceptable timeframes. And have grace, not everyone is mobile and can respond in 15 seconds or less. Meet in person off-site for higher priced items.
There are a few fundamental issues you must consider for your online marketplace: 1. Your role in the marketplace. How involved are you in the transactions that occur in your marketplace?
Online marketplaces serve as a platform for the buying and selling of a third-party vendor’s goods. In other words, online marketplaces merely facilitate transactions and, most of the time, do not own any goods or services themselves. This means that legal considerations for online marketplaces can differ from that of a regular business.
If you are not selling goods or services online but act as a portal, you will still need to set out Terms and Conditions for your Online Marketplace.
Because you merely play an introductory role in the marketplace, you’d want to make it clear that you take no responsibility or liability for the actions of third-parties. RedMart’s terms and conditions for example points a user back to the third-party’s privacy statements and conditions of use.
You can also search for an attorney on Lawyers.com or Nolo.com.
If you are still unable to settle your dispute after filing a complaint with the appropriate entity—and your problem doesn’t involve a lot of money—filing a suit in small claims court might be a good option.
To report an unfair or deceptive business practice, such as a telemarketing scam, you can file an online complaint with the Federal Trade Commission (FTC). The FTC won’t work out your particular complaint, but it might use the information to help law enforcement officials detect patterns of fraud and abuse after it evaluates the complaint.
You can also file a complaint with your local Better Business Bureau (BBB), a private, nonprofit organization. The BBB helps settle disputes that involve products or services, whether or not the business is accredited with the BBB. The BBB forwards your complaint to the business and gives it a chance to respond.
You can resolve your issue in one or more ways, by: filing a complaint with the appropriate government agency or consumer organization. going to small claims court, or. hiring a lawyer to file a lawsuit. Read on to learn about these options and then begin with the best solution for your situation. Many government agencies ...
Each state has small claims courts that handle cases when the amount at stake is relatively small, involving between $2,500 to $15,000. (Nolo’s article, 50-State Chart of Small Claims Court Dollar Limits, lists the dispute limits in each state.) Many states do not allow litigants to bring a lawyer to court to argue for them, but that is permitted in some. Understand, though, that even where it's allowed, hiring a lawyer typically isn’t cost-effective. Lawyers usually charge too much compared to the relatively small amount of money involved in a small claims dispute.
Many government agencies and other organizations help consumers handle disputes.
This is because they know a certain percentage of people will simply accept that ruling and give up. Don’t be one of those people. Get a lawyer up front – they will take the fee out of the settlement, so there are no up-front costs.
The prosecution is handled by lawyers employed by the governmental entity, and the defense is handled by either a publicly appointed defender or a private defense attorney whom the defendant pays. In criminal law, there are misdemeanors (small offenses) and felonies (more serious crimes).
If you have been injured in an accident that was not your fault, the other guy’s insurance company will be all over you to settle your claim as quickly as possible. Don’t do it. In fact, never talk to an insurance company representative until you have first consulted a personal injury attorney. You may not be familiar with the laws or the normal compensation rates, but seasoned attorneys are. If you are injured in car accident, don’t talk to anyone except to answer cursory questions from the police on the scene.
Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved. Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments.
Law Suits. If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side. 4.
There are both state and federal laws at play here, and the average person does not understand them. Only an attorney who specializes in this type of law is really qualified to carry your suit into court. You can be certain that the other side will have very solid legal representation. You should too.
Defendants who have personally hired attorneys always fare better than those who do not or those who take a public defender. Remember, a public defender is on case overload, and will usually recommend a plea bargain that will be worse than what a private attorney could get you. If you qualify financially for a public defender, still try to find a friend or relative willing to pony up the money for a lawyer.
A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations.
A real estate lawyer is trained to handle these problems and has the most experience to deal with them.
In the typical home purchase, the seller enters into a contract with a real estate agent, usually in writing. When the broker finds a potential buyer, they conduct the negotiations and most often act as an intermediary (the go-between).
In the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or they may be forced to pay more than one brokerage commission. If the agreement allows the seller the right to negotiate on their own behalf, however, you may avoid this potential problem.
Finally, the property is transferred from the seller to the buyer, and the seller receives the purchase price bargained for in the contract.
Even if a lawyer is not needed during the course of negotiations, both the buyer and seller may want to consult with a lawyer to answer important legal questions, such as the tax consequences of the real estate transaction.
At the closing, title passes from seller to buyer, who pays the balance of the purchase price. Frequently, this balance is paid in part from the proceeds of a mortgage loan . A closing statement should be prepared prior to the closing indicating the debits and credits to the buyer and seller.
Lawyer Discipline Agency. An agency in each state is responsible for investigating complaints about lawyers. If the lawyer is found to have violated an ethics or court rule, he or she will be reprimanded, fined, and perhaps suspended or disbarred (license to practice law revoked).
Bar association programs to help clients and lawyers resolve disputes. The parties agree in advance to accept the decision of an independent arbitrator. These services are often free, or impose only modest charges.
Small claims court is an appropriate place to settle many consumer cases. Contact a lawyer. Usually, the money involved in consumer cases is not enough to involve a lawyer, and legal actions can take years to complete. But a lawyer can advise you about your legal rights and options. Conduct a consumer picket.
Seek advice. There are many sources of information and advice. Many consumer groups and action lines offer free consultation about consumer problems. Some government agencies provide advice and information concerning complaints against the companies that they regulate. There are many publications that provide helpful suggestions about resolving consumer problems.
If your first attempt at complaining fails, contact someone higher up in the company. If the salesperson can’t help you, ask to speak to a supervisor or store manager, and then the owner or the company’s headquarters. Larger companies often have customer relations or consumer complaint departments that you can contact for assistance. If all else fails, ask to be connected to “customer retention,” a department responsible for keeping customers.
Government agencies will not always intervene to settle your case, but some will contact the company to open up communication. For example, if you complain to the state public utilities commission about a telephone company, it might ask that company for an explanation of its position. A government financial services regulator might contact your bank to ask for its side of the story. State attorneys general (AGs) and municipal district attorneys (DAs) handle many cases that do not fall under the jurisdiction of any other government agency. Some district attorneys have units that offer consumer complaint mediation.
Everyone has consumer rights. You have the right to know what you will receive before you pay for a product or service, obtain what you pay for, complain when you are not satisfied, and get your money back when you have a legitimate complaint.
Failure to communicate effectively often makes it difficult to resolve complaints. Have all relevant information at hand when you contact the company, including: a description of the item; your account number or other facts to help the company identify the transaction; your receipt, billing statement or cancelled check; and a clear and brief explanation of what is wrong and what you want the company to do.
Consumer Action: Call (415-777-9635) or send a webmail for advice and referrals. Access free, multilingual brochures.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.