Please review my case, Suddently I lost everything

[Indobid]

What is the name of your state? California

My name is Johny, I have 3 online store that is already in business for more than 2 years. 2 years ago i buy a reseller hosting account from some seller in ebay(let's saythe name is xxhost) at January 2004. Ever since, i have been paying $15 / month for the hosting. I use it to host my store and also my brother and friends website. The payment is made automatically by paypal each month. Suddenly on 04\25\2005, they cancelled my account and deleted all my files without notice. They said they cancelled it because of my brother request and I just found out today that From January 2005, my brother did suddenly receive billing from an unknown company(lets say yyhost) charging me $15 from hosting with package completely different than my current hosting package. First he ignore it, but they keep sending him the invoice every month, and it shows 0 bandwidth and $15 due. he start to think that this might be some of his old hosting company that did some error and charge him. The 0 bandwidth means the account is never used(My hosting account usually used more than 1Gb bandwidth /month). So he email yyhost saying that i did not want to use their services.
Based on this single email, xxhost closed our account without notice.
By closing the account, they also deleted all of the website that is under my account.
The bad news is, I don't have any backup for my website and others. I have spend a lot of money paying people to create my website. And also countless hour to enter the product. Not to mention my friends website that was also lost without backups.

Can I sued xxhost because they close my account without notice and deleted all my file? I also have the proof that my checking account have been debited at 04/15/05 automatic by paypal for the monthy charges and because my brother dont own the account. I have the proof from the first time I receive email from ebay and everymonth debited from my paypal account. one of the website already being registered as Wyoming corporation at State of Wyoming.

I am waiting for your advise

Best Regards
Johny S

 

[stephenk]

sure, go ahead and sue them.

 

[CarlJStoneham]

Did they explain why your brother suddenly started receiving bills from "yy"? What's the business connection between "xxhost" and "yyhost"? There's obviously one there if they can delete the "xx" account for non-payment on the "yy" bill. I guess I'm unclear how your brother telling "Carl's Great Internet Service" you don't want the account causes "Carl's not-so-great Hosting Service" to cancel your account (unless Carl gets confused (which he often does )). Surely they were able to offer an explanation?

PS I am NOT a lawyer.

PPS Sorry about the lost data. I KNOW that sucks. Did the person who designed the site keep a copy perhaps...?

 

[Indobid]

Dear StephenK,

Because this is the first time I got legal issue, how can I sue that person. I dont know anything. should I go to the police or where to file this case.

Waiting for your advice

 

[dallas702]

Don't bother the police. It's a civil case, not criminal.

Somehow you have to determine what your damages are. How much money has this really cost you? That will determine the kind of court you would sue in. If it is more than the statuatory amount allowed for small claims court in that jurisdiction (and I do not know which location has the jurisdiction), you need to go to the next level. The actual name of the court will vary by state (Justice, District, or Superior). Whether you can represent yourself "in proper person" will vary too. Many Justice Courts will allow you to represent yourself as they are more courts of "equity" (try to mitigate and find fairness in the damage/award claims).

You probably should sit down for at least one consult with an attorney who specializes in consumer problems like this. Your state's Bar Assn. will have a list of attorneys to recommend. If you go to the courthouse...one of the clerk's counter helpers...they will advise you on the basics. They will probably have a printed handout for you to read. Or, they will have a website with all the info you need to get started. Try www.yourstate.gov. You'll get a menu that should help direct you.

Here...try this: http://www.ca.gov/state/portal/myca_leftnav_categories.jsp?BV_SessionID=@@@@0171778979.1114817523@@@@&BV_EngineID=ccccaddehkiiilkcfngcfkmdffidfnf.0&sLeftNavCategoryPath=/Navigation/Consumers+and+Families/Consumers+and+Families+Rights+and+Remedies&sNavTitle=Consumers+and+Families+Rights+and+Remedies