Legal Question in Civil Litigation in Texas

Paid for merchandise NOT recieved.

I live in Texas and ordered $6,000 worh of Merchandise from a company in Inglewood Ca. via the Internet. Funds were sent to them by PayPal. I never got the merchandise and my calls and emails go unanswered. Paypal will not help me because the transaction was over 60 days. The company still has it's web site up, and the phone still rings, just no answer. What can I do to get my money back?


Asked on 5/26/09, 9:21 pm

2 Answers from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Re: Paid for merchandise NOT recieved.

One avenue of attack you can try is to file a notice letter under the Texas DTPA (Deceptive Trade Practices Act). Of course, you will have to get a copy of the act, but its easy to find through Google. You must follow the requirements listed for the letter for it to be effective. Essentially, it is a notice letter advising the adversary that you intend to sue, under the act, where they will be susceptible to paying triple damages (i.e., 3 X $6000 = $18000), and that this notice is their last chance to return your money before suit is filed. And, since your purchase was made in Texas, and their website is itended to sell to Texas and the other states, Texas courts will have jurisdiction so they will have to come here to defend against your suit, should filing one become necessary. Hope this helps.

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Answered on 5/27/09, 12:49 pm
TC Langford Langford Law Office

Re: Paid for merchandise NOT recieved.

I agree with Mr. Williamson, and want to add that you might also file a complaint with the Attorney General fraud division of both CA and Texas. Also, the fraud division of Inglewood PD might be willing to investigate.

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Answered on 5/28/09, 6:36 pm


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