Debt Relief – What Should You Do After Fraud Occurs?
Fraud and misrepresentation can strike you at any time. Once it happens, what recourse do you have? Using the unfair and deceptive acts and practices (UDAP) laws, you may be able to terminate an agreement, stop payment, or get your money back. If you’re in the unfortunate circumstances of being sued by a creditor or collection agency, you could cite the UDAP violations as your defense.
Another option would be to consult with an attorney about suing the seller. But before you initiate legal proceedings, send the seller a demand letter explaining the problem and ask for your money back. Make copies of all original letters and be sure not to forward originals of any supporting documentation like the contract, receipts, or canceled checks. If you don’t receive a response from the seller or get what you want, your letter along with the supporting paperwork should be used as evidence in your lawsuit. If the amount is low, you may be able to do it yourself in small claims court. For larger amounts, you’ll probably wants the assistance of an attorney. Check with your state’s laws for specific requirements.
Another strategy you can try when your initial demand letter doesn’t work is to file a complaint with the proper government agency. If you’re unsure which agency to contact, try consulting with the local state prosecutor’s office for recommendations. When a company receives a complaint from a government agency, it tends to respond quicker. The business will most likely designate a representative with the authority to correct the problem or issue you a reimbursement.
Another effective technique you can implement when a seller refuses to cooperate with you is to file a complaint with the proper government agency. For recommendations of the appropriate agency, try contacting your local or state prosecutor’s office. If you filed a complaint with a government agency, the business will act swiftly and cooperate with the agency to resolve all issues quickly. The business will nominate a special representative to bring a quick resolution to your case.
If you decide not to sue for damages against the business, it’s still important to let the government agency know about the problem. Once an avalanche of complaints come pouring in, the agency will initiate corrective action against the business. In order to expedite the process of having an agency take action against a business, it’s best to submit a standard complaint form generated by the agency. If you only forward a copy of the original letter you submitted to the business, the agency won’t act on the complaint until they see the merchant ignore your request. Once the agency launches an investigation, the business must formally respond.
Make sure you include copies of originals of all receipts, agreements, warranties, service contracts, ads, and other supporting evidence. If you have a log of your phone calls showing your efforts to work out the problem, be sure to include these. Be sure to make copies of all paperwork submitted to the agency. You should also send the business a copy of your agency complaint.
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