We get a lot of questions from people who need help dealing with a company after they have an issue with a product or service. Consumers don’t always have the money to hire an attorney even to find out what recourse they have.
Amy Davis explains how you can handle many of these issues on your own. In almost any dispute with a business, there are steps you need to take to get to a resolution
1. Start from the beginning, when your issue started
Often people get so far down the road with an issue they forget where it all started. Get specific about what the company was supposed to do that they did not do. For example, if it’s an issue with a car, read the contract to determine if the dealership is following the terms.
Type out or write down everything from your first transaction with the company to now.
2. Put everything in a demand letter to the company
Elizabeth Tran with Houston Volunteer Lawyers says a demand letter is the most important element in getting answers from a company.
“You want to document your interactions with the purchaser. If you want to make sure if you’re talking to somebody, a salesperson, they’re making promises to you. You’re writing down what those promises are and you want them to put that in writing. I mean, as an attorney, we want everything in writing. And if you can’t get that, like get that, get them to provide documentation to you on what this product was supposed to do for you or what the what the services are,” said Tran. “But you want a chronological size. All of that when dates, when things happened, dates when things didn’t happen, when things started going wrong. So that you have a list of things. A timeline of what is going on with your purchase or the services that weren’t being rendered.”
3. Besides complaints, be sure to include what you want from them
“You want to put down exactly what you’re asking for or what you’re asking for them not to do and service in and other types of agreements. But yes, you want to write down in there, what are you asking them? What is the value of the damages? And what are you asking them to pay and when and by. And what by what means?”
Tran says people often fall short at the end of the letter by stopping short of the demand.
“You want to put down exactly what you’re asking for or what you’re asking for them not to do.”
4. Include what you will do if they don’t respond
You should also include what you are going to do if they don’t act on the demand letter. For example, are you going to file a lawsuit?
“And after that, if they don’t act on your demand letter, then you’re going to put down a set of consequences. What are you going to do thereafter? Are you going to seek legal advice or are you going to file a lawsuit against them? You don’t want to do it in a threatening way, but you want to show them that you’re serious, that you felt that they, they breached the contract, that they entered into you,” said Tran.
This comprehensive letter can come in handy if you send it to the company and later if you decide to take it to small claims court.
“When they see that you’re organized and, and that you have, basically put your ducks in order that you’re prepared to present this in court, I think that they’ll see that you have they’re going to take you more seriously.
Can you take a company to court?
You can represent yourself in court. You can represent yourself in small claims court. There are a lot of tools on Texaslawhelp.org. You’ll find templates and step-by-step guidance on how to represent yourself in court.
Houston Volunteer Lawyers Legal Services LegalLine has volunteer attorneys staff every Wednesday and Friday afternoons.
If you want to reserve a spot to speak with an attorney, you can apply online at https://legalhelphouston.org/ or by calling (713)228-0735 Monday through Friday from 8 a.m. to 12 p.m.
ASK AMY Episode: Check out the full Ask Amy episode with Tran here.
How to make complaints that get results!
Amy Davis has explained before a few things you can do if you are having an issue with a company.
- Reach out to the company or tag them on social media
- File a complaint with the Better Business Bureau
- File a complaint with the Texas Attorney General
Check out more details on how to make complaints here.
