Ways to Resolve your Complaint
Ways to Resolve your Dispute
Before you send your complaint to the Attorney General’s Office, here are some things to consider in seeking a solution to your dispute with a business. This information is provided as a general guide and not intended as legal advice.
The First Step
To get started, you should clearly identify your problem and consider what would be a fair and realistic resolution in your dispute. Gather all your supporting documents such as receipts, contracts, warranties, repair orders, ads, promotional literature, cancelled checks and account numbers. You will need to make copies of relevant documents to use in the course of resolving your dispute.
“Friendly” Approach Might Resolve The Problem
The first step should be calling the company. Your contact could resolve your issue(s) immediately. If your matter is not resolved immediately from the phone call, follow-up with a letter and keep a copy. Your letter should state only the important details and what you want done. Include copies of relevant documents, but keep the originals for your files. If you paid by credit card, write your credit card company within 60 days of the purchase that you are disputing the charge.
Consider a Settlement
If your demands are not met fully, you may wish to propose a fair settlement. A compromise solution sometimes is better than no solution at all.
The Next Steps
If unable to reach a settlement, you will want to evaluate your situation to determine the next best course of action for you. Each has its advantages, disadvantages and cost. You can pursue the matter personally in Small Claims Court. You can hire a lawyer to represent you in court. You can seek the help of an impartial third party in Mediation. You can seek more formal third-party review in Arbitration. You can find information on these and other avenues for dispute settlement from the California Courts, consumer groups, local Bar Associations, the Better Business Bureau and other organizations.
Small Claims Court
In California, Small Claims Court allows disputes of up to $5,000 to be brought before a judge for quick resolution, but you cannot appeal the outcome. Most cases are heard within 30-40 days of the filing of your complaint. You and the defendant must present your own legal arguments and show how the law supports your case. The person filing the complaint pays a small filing fee to have the matter heard. Lawyers are not allowed. Be prepared to devote some time and effort, including preparation for the hearing, gathering evidence, meeting with witnesses and attending the hearing in person. The Small Claims Court judge can order a defendant to do something, as long as a claim for money is also part of the suit. The court can cancel a contract or compel the people involved in the dispute to act. There are limits to how many claims per year you can file and the fees may be adjusted so you will want to check with the Small Claims Court in your jurisdiction. Learn more about Small Claims Court from the California Courts.
Mediation
In mediation, the parties work with an impartial third person who is trained in the process of resolving disputes. Mediators are not advocates, judges, or legal representatives. Unlike a judge, a mediator does not issue a ruling and the informal negotiation process focuses on having the parties talk to each other to arrive at their own solution. Many communities have dispute resolution centers and other low-cost mediation services available. Check with the clerk of the Small Claims Clerk, the county consumer affairs office or local public or private dispute resolution programs.
Arbitration
Arbitration is another lower-cost alternative to filing a lawsuit. Like mediation, arbitration hearings are not held in courtrooms and formal legal procedures not followed, but the decision of the arbitrator is legally binding and may be enforced the same as a court judgment. In arbitration, your complaint is heard by an impartial third party who issues a decision after hearing both sides. You can use a lawyer or represent yourself in arbitration hearings. Both sides must agree to participate in arbitration. You cannot force the other party to appear at an arbitration hearing if the original agreement does not require arbitration.
Hire A Lawyer
You can consult an attorney and file a lawsuit against the business. To find a lawyer, you may want to ask people you trust for recommendations. Some county bar associations have lawyer-referral programs. Some communities have low-cost legal clinics. For more information, see Consult With A Private Attorney.