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Subject:
How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
Category: Relationships and Society > Law Asked by: centure7-ga List Price: $10.00 |
Posted:
06 Jan 2005 11:27 PST
Expires: 05 Feb 2005 11:27 PST Question ID: 453078 |
I have been using a popular online payment service for years. I recently sold an item and delivered it using the service. I then withdrew the money to my bank. But, a couple weeks later, someone sent me a message about the person "reversing a transaction" and wondered if I had been scammed as well. Frankly that didn't even seem possible until a few days ago, so I told them no, everything went smoothly, but it scared me enough to check out my account and sure enough I supposedly owe this payment company about $220 for a transaction that has already been complete! Yet under the dispute tab there was no disputes. I called them and they ambiguously claimed it was a fraudulent transaction. They claimed that it was an unauthorized charge and that I agreed in the user agreement to this system where they have control over my money to make unauthorized seizures for various reasons that have nothing to do with illegal activity on my part. I researched this further on the internet and discovered what is happening with these reversed payments. First, someone reputable gets their account hacked by a hacker. They then use the victim?s online payment account to buy things for themself. In this case the hacker bought goods from me, which I delivered immediately. The victim then reports the fraud to the payment service. However, instead of the payment service taking the loss, they decide to try to pass it on to the sellers by "reversing" the payment. In other words, the payment service has a policy to take the money from your account, and put it into the victim?s account that has been hacked. It does not matter to them that you have already delivered the item. It only matters that they get their money. And apparently this is in the user agreement. And furthermore, you can contact them all you want and it doesn?t matter. They apparently even ignore lawyer's letters. The only thing they will listen to is an actual filed lawsuit! Its a lot of money by my standards, but if I have to hire a lawyer it will dwindle to nothing. What I want to do is to file a lawsuit myself. Is it possible to do this? Additionally, I would like to appear that I have a lawyer. Can I write a letter so that it appears it was written by a lawyer, but never specifically says that I am a lawyer? I can have a friend write/sign the letter so it won't have my name on it. According to a certain website I came across they will normally settle these cases out of court. So, what should I know about that process? So my questions are: 1. Can I file a lawsuit myself? If so, how? 2. Can I write a letter in a manner that appears as if written by a lawyer, but is not actually written by a lawyer and doesn't claim to be? If so, what are things I need to keep in mind? 3. What should I know about the settlement process if I can manage to get to that point? I would guess the full answer to my question is long and complex. So in the answer it would be OK if you only post links to where I can find all the information I need. And possibly a book or two as a reference as well. I live in the state of Illinois and the large monolithic evil corporation is located in California. |
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There is no answer at this time. |
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Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: alex101-ga on 06 Jan 2005 13:17 PST |
1. Yes. How depends on how much is involved. Relatively small amounts can be disputed in Small Claims Court. The Court House will have the forms. If you file a lawsuit for a larger amount without a lawyer, you will still have to abide by all of the rules, none of which you will be familiar with. That is usually a really bad idea. 2. Anyone who pretends to be a lawyer may be prosecuted criminally for the "unauthorized practice of law." You can sound official but be careful. 3. Settlement is a subjective process. I would take a close look at their dispute procedures first. They probably provide for arbitration. Sadly, I suspect you are out of luck with this one in general but I wish you luck. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: research_help-ga on 06 Jan 2005 13:55 PST |
This problem occurs all the time - someone steals a credit card # and the merchant gets stuck with the loss when the fraud is discovered. Unfortunately, this is the way it works, which is why accepting payment over the internet can be very tricky. This fraud has become just another cost of doing business, like shoplifting. I know this is not what you want to hear, but you are out of luck. Any time or money spent trying to fight this will almost definitely be fruitless. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: centure7-ga on 07 Jan 2005 00:19 PST |
Regarding sounding official: I am specifically wondering exactly what I can and cannot say. Can I use terms like "represent my client". Can I use a letterhead/seal with "attorney", "legal", "law", "investigation" etc? Those two are the biggest part of the deception so I may as well not try if I can't do either one. I would think I can do absolutely anything but claim to be a lawyer, but am not sure about that. Is pretending to work for a law office illegal by using a name including "attorney's office", etc.? Maybe yet still it would be legal to pretend to work for some other legal-related entity aside from a law firm, such as an investigative service, security firm, etc. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: nkamom-ga on 07 Jan 2005 04:50 PST |
No, no, and no. Don't play the lawyer game. It is illegal, and if your case goes to court, imagine what the Judge would saw when your letter pops up! You can threaten to pursue legal action, or to "refer the matter to the proper authorities." However, one note, be careful not to threaten criminal action. This, too, is illegal, and can get you in a boatload of trouble. I have found in my legal practice that the best results come from being matter-of-fact and being nice. Try a letter that says, "dear sir". I am afraid we have a misunderstanding. I am writing in hopes that we can resolve this matter without the necessity of legal action. Here is what happened: Here is what I want done about it: and if you don't resolve the matter amicably I will have no choice but to take further steps to protect my interests. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: centure7-ga on 08 Jan 2005 16:01 PST |
nkamom, since that is the case I will be sure to follow your advice, even though it probably means they almost certainly just ignore the letter. alex101, which courthouse will have the forms? Do I visit my local courthouse or have to request forms to be mailed from the payment service's local courthouse? Should I have all my information and evidence ready when I go there or do I just go there and pick up the forms? Also, is it likely that, should they want the settle, I could be compensated for all my time lost due to this issue? The time this issue takes out of my life could easily amount to the $220 charge itself! |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: alex101-ga on 08 Jan 2005 18:17 PST |
I would go to my local Court House and let them worry about whether it's the right place to fight over $220. They might try to reslove the dispute just to avoid legal fees. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: research_help-ga on 10 Jan 2005 06:08 PST |
I would highly doubt that they will settle this case considering the law is on their side. I think you have to be careful. Considering how clear cut this case is legally, many companies will turn around and sue YOU for their costs in responding. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: centure7-ga on 11 Jan 2005 14:43 PST |
How is the law on their side? In my view it is very clear cut that they are trying to steal from me. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: alex101-ga on 12 Jan 2005 12:25 PST |
You are like a store that gets fooled by a thief into giving them stuff in exchange for a stolen credit card. The owner of the card sees the unauthorized charge and disputes it. Visa reverses the charge and the store is stuck. You are the one who got stolen from, yes, but by the thief and not Visa or the conduit. So the thief owes you money and nobody else. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: centure7-ga on 13 Jan 2005 00:34 PST |
I don't see how you can live in a democracy and literally be charged for a crime you didn't commit and nobody suspects you of. Is it not in the constitution or some law somewhere that you cannot be held responsible for someone else's crime? And if its not in the laws, why isn't it? Seems like a basic human right. You view it as an online store issue. I don't. I view Paypal as an online wallet (with the exception that the wallet steals your money at random and on purpose). Lets say a pickpocket steals your wallet, heads over to Acme, and picks up $100 in hard liquor. Can you go Over to Acme and demand they give back the $100 in unauthorized illegally obtained funds? No. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: research_help-ga on 14 Jan 2005 06:03 PST |
While the law may seem unfair to you, it is the law. I'm sure PayPal is also aware of the law and therefore your chances of reaching a settlement with them are very unlikely. Basically, it is a law based on risk vs reward. The merchant is the one who is rewarded financially in a transaction. So, the merchant must also be the one to take the financial risk of a transaction. Most large businesses deal with this all the time and just consider it a cost of doing business. However, in your case, it hits harder. I know this is not what you want to hear, but I (and others) were just trying to save you from the time and expense of pursuing this cause which will in the end bring you no satisfaction. |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: centure7-ga on 15 Jan 2005 01:11 PST |
A merchant resells something or manufactures something. What I did was convert a personal belonging to an equivelant value of cash, as an individual consumer, by selling it on the open market. So there was no reward there. There is no return part of this risk-return thing you speak of. There is only an unvoluntary risk that the payment company just steals your assets at random. So why would that law apply to me? |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: research_help-ga on 16 Jan 2005 11:57 PST |
We can see that you are confident in your position. Good luck. Let us know how it goes. (I hope you aren't surprised at the inevitable results) |
Subject:
Re: How do I file a lawsuit on my own? Can I write a "lawyer's letter" on my own?
From: centure7-ga on 16 Jan 2005 16:38 PST |
I will be sure to keep you updated, thanks for your input. |
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