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trying to get our money back - wish me luck!

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nmikmik

Junior Member
What is the name of your state (only U.S. law)? California
Can we sue the person for our money?
The story goes like this:
My wife (a small scale Realtor) was trying to get more exposure in the marked and signed up with a local advertising agency calling themselves a "Yada Yada - Newsletter) The lady who supposedly is the owner of that agency was referred to my wife by a friend. That lady (an owner) has charged my wife $2,500 (upfront) for a 6 month of advertisement, printed only one add and disappeared. Since the first ad my wife constantly was bugging her asking when is the next issue will be and was given all kinds of stories about why she can't print it NOW. Well, the three month credit card limit (for treating it as unauthorized changes) plus the credit card has canceled the service a couple of month ago anyway, we did pay them balance in full though.
Now, my wife tried to reason with the owner to have her write a few blogs for my wife instead, but lady sounds (in e-mail) like she is completely unafraid of a law suit and makes it sound like she is in control of the situation.
So the question is - can we sue her and if she has a company that she probably field bankruptcy for - do we still have any case against her instead?
How do I find out if the bankruptcy was in fact filed on the business name and/or personally?
In case you can't tell i am lost :rolleyes:
Thanks!What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California
Can we sue the person for our money?
The story goes like this:
My wife (a small scale Realtor) was trying to get more exposure in the marked and signed up with a local advertising agency calling themselves a "Yada Yada - Newsletter) The lady who supposedly is the owner of that agency was referred to my wife by a friend. That lady (an owner) has charged my wife $2,500 (upfront) for a 6 month of advertisement, printed only one add and disappeared. Since the first ad my wife constantly was bugging her asking when is the next issue will be and was given all kinds of stories about why she can't print it NOW. Well, the three month credit card limit (for treating it as unauthorized changes) plus the credit card has canceled the service a couple of month ago anyway, we did pay them balance in full though.
Now, my wife tried to reason with the owner to have her write a few blogs for my wife instead, but lady sounds (in e-mail) like she is completely unafraid of a law suit and makes it sound like she is in control of the situation.
So the question is - can we sue her and if she has a company that she probably field bankruptcy for - do we still have any case against her instead?
How do I find out if the bankruptcy was in fact filed on the business name and/or personally?
In case you can't tell i am lost :rolleyes:
Thanks!What is the name of your state (only U.S. law)?
What exactly was promised in exchange for the fee? Was there actually a contract?

Bankruptcy proceedings are public record - you can call or visit the courthouse and search using her name. In some areas you can actually do this online - I don't know where in California you're located but as an example, the Southern District of California has a virtual "file room" here: File Room - US Bankruptcy Court Southern District of California
 

nmikmik

Junior Member
thanks A LOT!

I will search that link as soon as i am done typing here and yes there is a contract that states - "6 Month 300 word Adretorial $2,700 minus $200 discount $2,500.00"
(it does not mention that discount was for prepayment) and I assume Advertorial = Advertisement Editorial... ?
I just came back to try it again and CM/ECF system makes it sound like it's just for attorneys, so I really prefer not to brake the law on my first try. Am I using it wrong?

From the site:
"This facility is for Official Court Business only. Activity to and from this site is logged. Document filings on this system are subject to Federal Rule of Civil Procedure 11. Evidence of unauthorized or criminal activity will be forwarded to the appropriate law enforcement officials.

Welcome to the U.S. District Court for the Southern District of California Electronic Document Filing System. This page is for the use by attorneys and firms participating in the electronic filing system. "
 
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