Bad Experience w/ Trading Vendor

I've had a lot of experience in litigation, and there is no way you can justify hiring any attorney to prosecute a lawsuit where you can only recover $5k. Sorry, but that's the fact. You cannot recover your legal fees, even if you win. You are very unlikely to recover anything on claims relating to harrassment or bad faith or frivolous lawsuits. Our court system is very unfair for someone who has a good claim and owes nothing to the other party. The way these crooks look at it is even if they lose, the worst thing that happens is they have to pay you what they owed you in the first place. That is after endless appeals, and maybe they file for bankruptcy at some point, or more likely just disappear, leaving you with a judgment you can hang on your bathroom wall.

I see three possible options. One, contact the CFTC Enforcement Division and tell them you are being threatened for filing a complaint. That is borderline obstruction of justice and they might do something, even refer it to the U.S.Attorney.

Two, see if you can get jurisdiction over them in a small claims court. Most cities have them, and they are designed for small scale disputes and you do not need a lawyer. But be aware the other side may file a countersuit to get it out of small claims court andinto the regular court system.

Three, propose arbitration to the other side. If they are legitimate, this might not be an unattractive option for them. If they refuse out of hand or drag it out endlessly, then at least you know they are not legitimate.

You can also file a lawsuit pro se, meaning you act as your own attorney. This is not as hard as you might think. As an added bonus, if the other side countersues, I would expect your homeowners insurance would cover your liability and will probably provide counsel. Of course, they will also cancel your policy when it expires.

A lot of affluent people have excess liability policies just for this type of situation. Typically you can get several million in ocverage for two or three hundred bucks.
 
Quote from AAAintheBeltway:

I've had a lot of experience in litigation, and there is no way you can justify hiring any attorney to prosecute a lawsuit where you can only recover $5k.
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Yet another reason it is better to be a parasite trader - contributing nothing to society - hurrying its downfall. Even in the United States of America, the majority of people can not stop from using government to pick the pockets of those with money. All one has to do is hold a cardboard sign painted in crayon that says "Fuck the rich! Take money from people that have more than you! They stole it from you!"

We deserve the world we are creating. We deserve it in spades. Outside of the USA, the world is salivating at the thought of taking wealth from the USA. Inside the country, there are seemingly endless lines of people willing to give our wealth to them, and to end civilization. Not “as we know it”, but bring it to a complete halt.

To this very minute, I have never understood this hatred of freedom that so many have. The United States of America is (without question) the best damn thing to happen to the Race of Man since Adam. There can be no doubt. I will not debate this statement. It’s true, and those creations that think otherwise do not deserve the attention of a normal person.

However, the enemies of freedom should take heart. In the USA (last stronghold of freedom in the world), we are beating down the concept of “Limited Republic” to embrace “Democracy”. Democracy being two wolves and a sheep voting on what’s for lunch. It’s quite clear that the USA will lose it’s SuperPower status through sheer attrition. We’re gonna just plain tax ourselves outta that ring. And we will have deserved it!

We deserve it in spades!
 
Just to clarify-harry` I got out of lawschool in 91. Paracticed until 97 -mostly business litigation. Started trading full time in 96, for a while I was doing both. My dad was also national litigation counsel for one of the very largest multi national oil companies so I have some experience in these matters.

I was not the one advocating a lawsuit. I was advocating using the threat of a revelation of the facts over the internet to get the vendor to cave. I would not waste my own time in a lawsuit that was over five thousand dollars unless it was on principle so my thought was neither would most small vendors. I think most vendors with and interest in continuing to be vendors would give a refund to and individual who threated to write truthfully about his bad experience. I know it has worked for me. If you read what I wrote you would see I thought this was more powerful than the threat of a lawsuit.

Then people said whoa you might get sued. I state weigh the risk reward of a suit but realize that the risk of a suit is very low if you stick to the facts. I am not talking about large companies because they may have a different agenda, I am talking about a say indicator vendor. Hate lawyers and courts all you want but you fear should be based on a proper weighing of the facts. Not urban law suit legend.
 
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