Legal Threats That Get Results Without Actually Filing A Lawsuit

By Author: Wade Knoxville
Total Articles: 43
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It's no secret: most companies have no problem bullying around the "average joe." If you appear to be ignorant, passive, or "too nice", everyone from phone operators to collections agents to retail stores will ignore you, take advantage from you, or possibly even withold money that is rightfully yours. However, these same dishonest and/or disrespectful businesses react quite different to knowledgeable, assertive people - especially when legal threats are made. But don't misunderstand - it's not like you can simply say "I'm gonna sue you!" and expect to be taken seriously. Rather, your legal threats need to project a certain image - a certain type of confidence, knowledge, and tone - in order to be taken seriously. And best of all: when done properly, a legal threat usually gets you the result you want without you ever having to actually file a lawsuit.

To explain the necessary elements, we will show you a proper legal threat and then dissect its important elements. Here goes!

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To whom it may concern at XYZ Company,

My name is Jason Lucas. Last night, I purchased a $39.95 activation key for your ...
... XYZ software program on the understanding that I could use it for 5 days and get an automatic refund if I wished. It was explained to me that I could click a "Get My Refund" link that would do it all for me instantly. Unfortunately, when I tried doing that today, no such link was there for me to use. I searched through your FAQ, whose only guidance to me was "click the Get My Refund link" which is not there. I searched in vain for a phone number I could call, but found only this contact form. Needless to say, I cannot figure out how to process my refund and don't know what to do.

NOTE: You always want to start a legal threat by calmly but firmly and clearly stating the problem. When it happened, what happened, and why you are unhappy. From this base of knowledge, you can proceed to continue your legal threat.

I must say, with all due respect, that I am quite irritated by this. Getting a refund was made out to be a completely automated process, when in fact, the promised mechanism for doing so is not there. Because of this I am now forced to spend extra time composing this e-mail and waiting for a refund, not to mention tying up the money I spent while waiting an unspecified time to get it back. You are no doubt familiar with opportunity cost, that is, alternative uses of resources. The $39.95 that is tied up at your company could have been invested by me in a savings account, mutual fund, or business venture to earn a return, none of which are possible until this is resolved.

NOTE: This is where you demonstrate that you are knowledgeable, sophisticated, and upset about the problem being experienced.

Therefore, I ask that you process the refund I was promised, thereby showing me the same courteousness and respect you no doubt wish to be shown yourself. I would greatly prefer to resolve this matter that way. However, if days or weeks pass without my refund being processed I will have no choice but to file a small claims suit for the $39.95 plus additional damages stemming from my inability to use the $39.95 in the interim.

NOTE: This is where you calmly, respectfully, but firmly state what it is you want. It also helps to explain that you are only asking for what is fair, making your request seem so ordinary and commonplace that it's actually shocking for the other party not to grant it. Finally, you must state the consequences if your request is not granted.

Please understand that I am not trying to be difficult or problematic. Lawsuits don't benefit anyone but lawyers and I don't enjoy them. But like you, I cannot allow my scarce time and resources to be capriciously disposed of by strangers. So please reply at your earliest convenience regarding the processing of my promised refund.

NOTE: It's best to reiterate that you are not looking for a fight and that you would much rather resolve the matter peacefully. However, you don't want to overdo it so much that you look weak. Close with a firm, decisive statement demonstrating that you mean business, and cap it off with the ever-popular "puts the pressure on them" response of "thanks in advance."

Thanks in advance,

Jason Lucas

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You just need to adapt these elements to your own circumstances - that is, the problem you are having and your desired solution. Done properly, you will find that companies who would have bullied you before are quite eager to resolve your problems now!
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Wade Knoxville