[eschaider]

Mike,

Your complaint is too small to make using an attorney cost effective. Sounds like you did a pretty good job of documenting what happened.

This type of grievance is exactly what small claims courts are all about. No attorneys no fancy law degrees just a real simple who did somebody wrong sort of event. With the documentation and proof it sounds like you have, you should consider the small claims solution.

The process varies somewhat from state to state but generally follows a format similar to this:

1. You send a demand letter to the offending party stating (again) how you were wronged.

2. Your letter asks for a specific settlement by a specific date.

3. You advise the future defendant that you will pursue this matter to obtain a fair conclusion/settlement.

Don't go waving lawsuit flags and threats, the bravado has no positive effect and may be detrimental to your future efforts. Most probably the demand letter will be ignored or not acted upon and this is just what you want.

Before you send the demand letter go to your local small claims court and obtain the necessary paperwork to file a claim. Prepare all the paperwork but do not file it. Wait for the morning after your demand letter deadline and then file the small claims paperwork with the court.

Usually you get a choice of service (how the summons is delivered) choose a Sherrif, it'll cost you somewhere between $25 and $50 for this visual effect. They typically arrive in their official vehicle wearing their uniform and a BIG pistol. When they walk in the front door of the business it creates quite a stir.

Check your small claims court maximum claim amount. Subtract the amount you have lost from the small claims maximum and claim the difference as various expenses and damages you have incurred as a result of this event. Be sure to list out the various expenses and damages with dollar amounts.

Line your ducks up and get your side of the story crystal clear, not just in your mind but in your succint written and verbal renditions of it. Enjoy your day in court. Don't be a smart ass and don't whine. Don't try to be a Perry Mason. Just be yourself but above all be factual and to the point.

Get a book from NOLO press on Small Claims Court. It'll step you through all the procedures for the state you intend to file in.

Don't wait for other people or "White Knights" to help. It won't happen. You gotta do this yourself.

Good luck!

Ed