Legal Question in Legal Ethics in California

I've been having some issues with a company I ordered a product from. I paid for a service that I didn't receive and they are refusing to refund my money. It has been stressing me out quite a bit at the lack of cooperation. The emails have been going on for almost 2 weeks with no progress. I wanted to settle for half of what I had paid but they wanted to only give me 1/4. Now I'm back to demanding the full amount I paid. I don't believe they are even reading my emails, based on the early responses. There's a bit of a back story going back to mid October but I'm wondering if can I sue them for charging me for a service I wasn't given, legal fees, as well as emotional distress?


Asked on 11/14/11, 5:21 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can certainly sue them, but for a breach of contract you can not claim emotional distress damages unless the conduct is extremely outrageous [this does not appear appear to be that abnormal to qualify] nor attorney fees unless the contract allows for fees. There may be a problem as to in which state the suit can be filed [look at the written contract or conditions, if there are any] and how to collect, but normally they will respond if you file suit or even if an attorney sends them a letter. I have gotten such compliance in the past, but you have to weigh my $140 per hour charges against how much they owe you to see if it is worthwhile to hire an attorney. If you are interested, you can call me at 510-441-2684.

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Answered on 11/15/11, 10:53 am


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