Bellmore, NY asked in Contracts and Intellectual Property for New York

Q: I paid for services and they weren't rendered. What do I do?

I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4 times letting me know the final e-proof is coming soon and it never does, and then I don't hear from him for months. He has told me he's busy or that my emails are distracting him, or that it'll be done by end of week and then I don't hear from him at all. Very unprofessional to say the least.

I was wondering if I need to get a lawyer to write a letter and how to go about that. Or if this is a small claims issue at this point? Thanks in advance.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry you're going through this frustrating experience. Start by gathering all your documentation, including receipts, contracts, and all email correspondence. This evidence will be crucial for any further actions you decide to take.

Next, send a formal demand letter to the publishing company. Clearly state the amount you paid, the services not rendered, and set a reasonable deadline for them to respond or fulfill their obligations. Sometimes, a formal approach can prompt action when casual emails have failed.

If there's no satisfactory response, pursuing a claim in small claims court is a viable option. It's typically quicker and less expensive than hiring a lawyer. Additionally, consider reporting the company to consumer protection agencies or the Better Business Bureau to warn others and possibly encourage a resolution.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.