Quote:
Originally Posted by GUNNER
If you seek legal assistance in collecting the funds you'll should be able to get a judgement against him. Very easily done and I speak from experience. I've done it before and collected.
You can even be polite and send a demand letter beforehand. If he was smart (obviously he is not) he would simply settle with an agreed upon amount or payment arrangement.
I'd say if you're attempting to go this route, you should hurry before his funds run out.
(If you're owed $1,000 or less... write it off)
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+1 on this
You really don't need a lawyer to follow through on a small claims lawsuit. Since the company is registered in California, check out the small claims court rules for that state and decide if pursuing a law suit would be worth it. Regardless of where you live, you'll need to sue the company in California.
I'm going through that process myself and I know it sucks, although since the company I'm suing (AmeriWeb LLC aka Camwealth) is registered in Florida, I have the option of suing either the company or the owner, as the LLC rules (as far as lawsuits are concerned) in Florida are different than they are in other states. Since DungeonBank is owned by a company registered in California, you'll need to sue the company.
Do a search of California small claims courts to find out how much it would cost to file in small claims (most states seem to have a sliding scale of fees depending upon the amount of $$$$ for which you're suing) and organize all your documentation to determine whether you have enough proof to win a lawsuit (I hope you've taken screen shots of every area of your account and those lovely fb/twitter posts, retained every email between you and the company, etc)
You can also get an affordable consultation with a lawyer in California by calling the Cali bar association for a referral. Typically the fee is $25-$50 to get a half hour consultation wherein you can ask any questions you may have about the process.
I'm pursuing my claim with a lawyer, but if I lived in the US I would have chosen to follow through on my own. The procedure is pretty straight-forward. Your first step should be a registered letter of demand, and then follow through with a small claims lawsuit if the amount owed makes a lawsuit worth it.
Good luck. I hope you get your $$$$$