How do I sue without a lawyer? Items delivered were not what I ordered. Store manager says too bad.?

Question

I selected an item found in a store showroom & discussed what I needed with the store manager. Store sent installer - at additional cost - to my home to measure. (Manager said if by doing this, if there was a mistake, I would be protected for any errors.)

When Item was deliverd, it was not what I presumed I ordered. Manager says, too bad, I signed the order form saying no changes. Now I am stuck with something in my home that I cannot use and I am out of my money also - almost two thousand dollars. I feel cheated and swindled. I want what I thought I ordered, or I want my money back.

How can I sucessfully sue the store by myself? How do I find out who actually owns the store? What amounts of money limits are there in small claims court? Is there a jury or only a judge to decide? Are there any damages involved? I would prefer to use a lawyer, but the expense would probably be more that of the item purchased. Any suggestions?

Answer 1

First if you paid by credit card you can deny the charges.

You can go to small claim court, usually a judge will decide who is at fault.

Now you need to explain how did you signed for something that was not was you wanted? Did they geve you the wrong model number? Did you mistake the model? Did they have the wrong label? Why did you signed a "no changes" order? What kind of item are we talking about? It's it under warranty?

Was your mistake or their mistake? Usually if the client make a mistake then is his fault an not the store; for example if you say I want the blue one but they seng you the violet one then is teir fault but if you say I want the violet one (meaning the blue one) then they send you the violet one (as you asked) it will be your fault and not theirs.

So first make sure who is at fault here, find out who made the mistake.

The manager said that if there was a mistake, you would be protected against any errors, but I'm sure he didn't mean errors from the clients part, and it seems that he thinks it was your fault.

If it was your mistake you can offer to pay for the new delivery and istalation in exchange for the right item.

Answer 2

Store managers are not psychics. They cannot read your mind to know exactly what you want. Also things sometimes look different when the item is moved from one place to another. This is common with carpet and furniture

Double check the invoice and make sure that they did not accidental write down the wrong item number or charge you more for an item that was not delivered.

If the items listed on the invoice do not match what was delivered, then you have a strong case. Check with your county courthouse on the limits for small claims courts, but it will be smarter to get a lawyer to sue on your behalf.

Answer 3

if the order has an Item number on it and it does not match the delivered product, as long as you have it in writing you have a suit, read your agreement first and be sure that there is not a substitution clause in it somewhere, giving the store the right to substitute the ordered item with one of equal or greater value. if you have all this and want to sue, small claims court you can due without an attorney as long as the purchase was under $5000 dollars (the amount depends on the state you made the purchase in, some are less some are more).

Answer 4

There are books available about how to sue without a lawyer. Check your library. Also you can try your court house library, which should be open to the public.(Your taxes are paying for it.) If you ask at your small claims court they may tell you they can't give legal advice. Also consider, the time, cost, and possible bias against you. Our legal system is not always fair. It might be easier to complain to the company. Ask your reference librarian for books to find out who the parent company and company officers are, or to tell you which internet sites will give you this info. Another idea is to contact your local TV station. They sometimes talk about consumer problems on the air.

Answer 5

Absolutely not Bruce. Jesus requires Obedience to his Commandments. The Commandments are a transcript of God's character. God is the Author of his Holy Law(Exodus 31:18). His Law is a Revelation of God's will to mankind. To alter the Law would be akin to Changing God. The Bible says "I am the Lord thy God, I change not." God Holy Law is immutable. Man does not have the power to alter God's words in any way. We are obligated by God to keep his Commandments. The Law of God is Holy, Just and Good(Romans 7:12). The Law of God is both Eternal and Universal and it has been established forever(Romans 3:31). Jesus said that he did not come to destroy the Law(Matthew 5:17-18). Jesus magnified the Law. He raised the High Moral Standard of the Law when he lived among men. Those who receive Christ into their Heart and keep his Commandments will live forever when Christ returns the Second time. Special Note: 1 John 2:4 1 John 5:3 Revelation 12:17 Revelation 14:12 Revelation 22:14

Answer 6

File in small claims court ...usually this can be up to $5000. Go to your local court and they will give you a small claims handbook. No lawywers are required and the Judge accepts laymans arguments instead of legalese. Judge Judy is an example of Small Claims court

Answer 7

BBB is a start then file in small claims. I bet a judge will see the error here also. You should also allow for the extra expenses of the installer if you paid him. DO NOT request payment for the time you spend suing him!!!!!

Answer 8

Dear friend,
I would suggest you to hire a lawyer. I was also in an almost same situation as you are in. I got my problem solved with the help of usalegalcare.com. They offer good legal services.
Just go to http://www.usalegalcare.com/ , fill their easy form and they will contact you very soon.
Good luck

Answer 9

As others have already said...contact the Better Business Bureau. I had a problem last summer that went on for months until I contacted them...then it was solved within a WEEK.

Answer 10

you need to keep all your documentation and threaten to file a complaint with the BBB, maybe he'll change his mind.