Re: Legal Recourse
by yawni - 8/8/05 4:07 PM
In Reply to: Beware Alienware!!! by Stareye
Have you contacted any local legal aid organizaztions or attorneys for ''free'' legal advice? Unfortunately, many private practice attorneys (in California) would tell you that $4000 in damages is too small an amount to interest them in taking your case on a contingency fee basis (percentage of recovery); however, most (let's say plaintiffs' attorneys) are sympathetic to your predicament and may have some good suggestions.
For example, the retail store or direct seller of the merchandise may have some liability, or responsibility, for your loss (damages). There may be a ''class action'' type of lawsuit filed against this company by a number of people suffering similar difficulties and you may be able to join as a member of that class of plaintiffs.
Maybe, you have a ''small claims'' court in Florida which would allow you to ''tell the judge'' your story without having to hire an attorney. Do not underestimate your own ability to represent yourself or the court's ability to understand the simple facts of your case.
You may be surprised to see a change in the attitude of the company after you file but don't count on it. Just take some time to relax and focus on the facts of your story in chronological order. Suppress your emotions until after the court orders judgment in your favor. Be courteous to your opponent, be unemotional and be organized.
After the defendant has answered the complaint you filed, give ''them'' a call and ask if Alienware would be interested in settling the case. They will ask what amount you had in mind, so be prepared to offer to settle, if they sent you a check for ''$2000'', or whatever. This amount is entirely up to you; however, I would not be willing to return the computer unless I received the full purchase price...and it goes without saying that you should not file any lawsuit unless, or until, you have the computer in your possession.
Your lawsuit, should you take this course of action, would be based, first, on the defendant's breach of contract. You write down a brief summary of the facts in the complaint (e.g. On, date, I paid def. $4000 for a new comuter which, did not operate as promised(examples... )and, as a result, I have lost $4000 and ask the court for recovery of this amount...)
You may have other ''causes of action'' against the defendant, such as for fraud, or negligence, so, check some local references, or books, on ''How to be your Own Attorney'' for help.
This is not intended to be legal advice or a substitute, therefore. It is meant to be encouragement for self-reliance and to inform you that your chances on prevailing could be as high as 90% rather than a hopeless one in ten (10%) once you have suppressed your own self doubts.
After you have given Alienware the opportunity to repair or replace the unit and it is clear that they have declined, or refused, then, if it is a desktop, you should strongly consider repairing that computer by taking it apart and replacing parts yourself: buy a new processor (cpu), motherboard, hard drive, and XP operating system (keep your old parts because in the process you will learn what they are worth and what to do with them, later). Keep asking questions; others will assist you. At some point, you will have to disregard all the goodwill and advice and make the leap to self-reliance.
One need not know the solution before starting the process. Go for it! -yawni-
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