Bad Check

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Latest post Wed, Sep 7 2016 12:13 PM by ca19lawyer2. 13 replies.
  • Mon, Sep 5 2016 3:35 PM

    Bad Check

    Hello, Clinron LLC filed my H1b application for year 2015. For that they asked me to pay $4500 as deposit under account of training, marketing and placement. This deposit was totally refundable they mentioned. After I come to know my h1b application not selected I asked them to start refund process. After a month follow up they provided me refund form and on submission asked to wait 120 days. My refund was supposed to be received in month of Jan 2016, I still have not received refund amount. Clinron LLC provided me 2 installment check, one check I deposited and it got bounced for reason "stop payment". I have been following with Clinron and they give ridicules reason ask to wait. There are so many candidate are in same boat, and I doubt they may have even filed my H1b.
    I would like to know to get my money back how I can take legal action against these cheater? Please help

  • Mon, Sep 5 2016 4:26 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,468

    Re: Bad Check

    file against them in small claims court or hire an attorney to sue them.

  • Mon, Sep 5 2016 4:51 PM In reply to

    Re: Bad Check

    I need to send them notice, How can I send notice to this cheater company?

  • Mon, Sep 5 2016 7:29 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,468

    Re: Bad Check

    What type of notice do you need to send?  Usually regular mail is sufficient.

  • Mon, Sep 5 2016 9:19 PM In reply to

    Re: Bad Check

    legal mail notice to inform them about action i will be taking, and charges and penalties. who can help me to send such notice. 

  • Tue, Sep 6 2016 8:00 AM In reply to

    Re: Bad Check

    swapnilyande:

    legal mail notice to inform them about action i will be taking, and charges and penalties. who can help me to send such notice. 

    You can simply send a letter using the US MAIL certified/return receipt (so you get proof they actually received it) to them stating you intend to sue for (amount, fees, charges, penalties etc.) and sign it.

    If you are not comfortable doing that on your own you can use the "Find a Lawyer" feature on this site to find an employment law attorney to hire to do this for you.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Tue, Sep 6 2016 8:52 AM In reply to

    Re: Bad Check

    Thanks for your valuable reply. For portion fees, charges, penalties how do I calculate or is there any thumb formula.

  • Tue, Sep 6 2016 8:53 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,468

    Re: Bad Check

    Unless the statute requires certified mail, you can send it regular mail and the law will presume he received it.  I would send it both, because certified can be ignored or refused and returned unsigned. 

    Good luck

  • Tue, Sep 6 2016 9:06 AM In reply to

    Re: Bad Check

    swapnilyande:
    legal mail notice to inform them about action i will be taking

    There is no legally mandated form or format if what you want to send them is just a letter demanding they pay you what they owe you, and (optionally) informing them that if they fail to do so by a certain date you will sue them.

    If what you want is to inform them that you have already filed your lawsuit, then you have to fill out the paperwork (the "summons" and the "complaint") required by the relevant court, submit the paperwork and the court fee, and follow the court's instructions for how to serve notice to the defendant.

    This description of the small-claims process, courtesy of Illinois Legal Aid, seems more helpful than this one from the Illinois Attorney General but both might be worth a quick read.

  • Tue, Sep 6 2016 7:57 PM In reply to

    Re: Bad Check

    Thanks you DOCAR, ClydesMom and karen2222 for your reply. I will be sending demand notice and provide 15 days time frame to refund money otherwise will file claim in small claim court.

  • Wed, Sep 7 2016 6:24 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,417

    Re: Bad Check

    Others have posted similar complaints about that specific firm .....I doubt they are scared by a mere demand letter...but try one 



  • Wed, Sep 7 2016 8:10 AM In reply to

    Re: Bad Check

    swapnilyande:
    For portion fees, charges, penalties how do I calculate or is there any thumb formula.

    I'm not sure what you mean by "portion fees."  You can charge your court costs (the filing fee plus any other fees the court collects from you) as well as pre- and post-judgment interest.  See this discussion of interest, courtesy of an attorney's blog/website.

    If you hire an attorney, you can ASK the court to make the defendant reimburse you for your attorney fees, but there is no guarantee the judge will do that - they don't do that very often.  Usually each side has to pay its own attorney(s).

    To the best of my knowledge, you can't claim anything for your own inconvenience, time you have to take off work to attend court, travel costs, etc.

  • Wed, Sep 7 2016 11:42 AM In reply to

    Re: Bad Check

    You are right, they may not consider demand letter seriously. I feel I should send demand letter through attorney. How can find attorney?

  • Wed, Sep 7 2016 12:13 PM In reply to

    Re: Bad Check

    As someone previously told you, a "find a lawyer" link is displayed prominently at the top of every page at this site.

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