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Would my case hold up in a small claims court?
Back in March I ordered a custom product from an online website by getting into direct contact with the sales team for the company. Their website promoted that there would be a ten week period between ordering and shipping while the contact from the company specifically told me that it would likely be even less (he quoted me eight weeks instead).
After paying the $4,600 I've been in constant contact with them regarding the status of the product, though I've only received vague "we're running behind" and "soon" answers. I've also learned that others were having issues with them not delivering products as far back as January, well before I was told "eight weeks" by the representative.
Now I've tried asking them to cancel the order for failing to deliver and have been met only with silence.
With a letter of demand, would a small claims court be likely to rule in my favor for the company failing to provide the goods that they said they would? Or would their claims of "it's just been delayed" get them off the hook?
The order was paid for in March of this year and I still haven't gotten the order, so if anything I waited too long for them I'd wager.
Also I've heard that small claims courts where I live will accept cases up to $10,000. So I don't believe that will be an issue either.
I've already told them that I wished to cancel the order and have been met with silence. I paid via electronic check through Paypal and they have a limit that it has to be refunded within 45 days of the payment. Sadly I'm well beyond that.
4 Answers
- scott bLv 78 years ago
Really?? You paid someone $4600 UP FRONT with no product?? wow.
You don't say how long it's been, which is a critical fact. If the delay is still reasonable, no. Also, it depends where you are, but almost all Small Claims courts have a limit of $2000 or $3000, so you wouldn't be able to sue for the entire amount in small claims.
- ,Lv 78 years ago
You mentioned you paid for the item electronically via PayPal. Have you tried filing a complaint with PayPal? Gather up all texts, email, telephone records, payments and contact PayPal and tell them you want to file a Buyer Complaint. It might be too late. But it's worth a try.
Otherwise, consult an attorney who can review your case and advise you of your options.
Good luck.
- parsnipiannaLv 78 years ago
I think a small claims court would rule they have to give you a refund or the product within a very limited time. Go for it.
- xKLv 78 years ago
I would simply tell them you'd like to cancel your order and demand a refund. If they refuse, dispute the charge on your credit card. Much easier and cheaper to solve the issue that way.
