Legal Help

Legal Help

Please note that some of the sources of help listed in the
Consumer's Resource Handbook have a policy of declining
complaints from consumers who have sought prior legal counsel.
Small Claims Court

Small claims courts were established to resolve disputes
involving claims for small debts and accounts. While the maximum
amounts that can be claimed or awarded differ from state to state,
court procedures generally are simple, inexpensive, quick and
informal. Court fees are minimal, and you often get your filing
fee back if you win your case. Generally, you will not need a
lawyer. In fact, in some states, lawyers are not
permitted. If you live in a state that allows lawyers and the
party you are suing brings one, do not be intimidated. The court
is informal, and most judges make allowances for consumers who
appear without lawyers.

Remember, even though the court is informal, the ruling must be
followed, just like the ruling of any other court.

If the party bringing the suit wins the case, the party who lost
often will follow the court's decision without additional legal
action. Sometimes, however, losing parties will not obey the
decision. In these cases, the winning party can go back to court
and ask for the order to be "enforced." Depending on local laws,
the court might, for example, order property to be taken by law
enforcement officials and sold. The winning party will get the
money from the sale, up to the amount owed. Alternatively, if the
person who owes the money receives a salary, the court might order
the employer to garnish or deduct money from each paycheck and give
it to the winner of the lawsuit.

Check your local telephone book under the municipal, county or
state government headings for small claims court offices. When you
contact the court, ask the court clerk how to use the small claims
court. Many state and local consumer agencies have
consumer educational material to prepare you for small claims court
(see page 70). To better understand the process, sit in on a small
claims court session before taking your case to court. Many small
claims courts have created dispute resolution programs to help
citizens resolve their disputes. These dispute
resolution processes (e.g., mediation and conciliation) often
simplify the process. For example, in mediation, both people
involved in the small claims dispute meet, sometimes in the
evenings or on weekends, and with the assistance of a neutral,
third-party mediator, discuss the situation and create their own
agreement.

Research indicates that if both people show up for the mediation,
85%-90% of the time an agreement is reached. Just as
importantly, researchers learned in follow-up, six months after the
session, that 85% of the agreements were "substantially fulfilled."


Considering this, when you contact your small claims court, ask
first about their mediation or conciliation process.

For additional information about dispute resolution, contact the
American Bar Association, Standing Committee on Dispute
Resolution, 1800 M Street, N.W., Washington, D.C. 20036, (202)
331-2258.

Legal Aid

Legal Aid offices help individuals who cannot afford to hire
private lawyers. There are more than 1,000 of these offices around
the country staffed by lawyers, paralegals and law
students. All offer free legal services to those who qualify.
Funding is provided by a variety of sources, including Federal,
state and local governments and private donations. Many law
schools nationwide conduct clinics in which law students, as part
of their training, assist practicing lawyers with these cases.
Legal Aid offices generally offer legal assistance with such
problems as landlord-tenant relations, credit, utilities, family
issues (e.g., divorce and adoption), foreclosure and home equity
fraud, social security, welfare, unemployment and workmen's
compensation. Each Legal Aid office has its own board of
directors which determines the priorities of the office and the
kinds of cases handled. If the Legal Aid office in your area does
not handle your type of case, it should be able to refer you to
other local, state or national organizations that can provide
advice or help. Check the telephone directory to find the
address and telephone number of the Legal Aid office near you. If
you would like a directory of Legal Aid offices around the country,
contact the National Legal Aid and Defender Association, 1625 K
Street, N.W., 8th Floor, Washington, D.C. 20006, (202) 452-0620.

Legal Services Corporation

The Legal Services Corporation (LSC) was created by Congress in
1974. There are LSC offices in all 50 states, Puerto Rico, the
Virgin Islands, Guam and Micronesia. To find the LSC office
nearest you, check the telephone directory, call the Federal
Information Center (FIC) listed on page 104, or call the LSC Public
Affairs Office at (202) 863-4089. If you wish to buy a full
directory of all LSC programs, write or call:

Public Affairs
Legal Services Corporation
400 Virginia Avenue, S.W.
Washington, D.C. 20024-2751
(202) 863-4089

Finding a Lawyer

If you need help finding a lawyer, check with the Lawyer Referral
Service of your state, city or county bar association listed in
local telephone directories.

Complaints about a lawyer should be referred to your state, county
or city bar association.


Other Consumer Information

Consumer Credit Counseling Services

Counseling services provide assistance to individuals having
difficulty budgeting their money and/or meeting necessary monthly
expenses. Many organizations, including credit unions, family
service centers and religious organizations, offer some type of
free or low-cost credit counseling.

The Consumer Credit Counseling Service (CCCS) is one non-profit
organization that provides money management techniques, debt
payment plans and educational programs. Counselors take into
consideration the needs of the client, as well as the needs of the
creditor, when working out a debt repayment plan. You can find the
CCCS office nearest you by contacting the National Foundation of
Consumer Credit, Inc., 8611 Second Avenue, Suite 100, Silver
Spring, MD 20910-3372, 1 (800) 388-CCCS (toll free). Consumer
Groups

Private and voluntary consumer organizations usually are created to
advocate specific consumer interests. In some communities, they
will help individual consumers with complaints. However, they have
no enforcement authority. To find out if such a group is in your
community, contact your state or local government consumer
protection office. A list of the state and local
offices begins on page 70.

Consumer Information Catalog

The Consumer Information Catalog lists approximately 200 free or
low-cost Federal booklets with helpful information for consumers.
Topics include careers and education, cars, child care, the
environment, Federal benefits, financial planning, food and
nutrition, health, housing, small business and more. This free
Catalog is published quarterly by the Consumer Information Center
of the U.S. General Services Administration. Single copies of the
Catalog only may be ordered by sending your name and address to
Catalog, Consumer Information Center, Pueblo, CO 81009 or by
calling (719) 948-4000. Non-profit groups that can distribute 25
copies or more each quarter automatically can receive copies by
writing for a bulk mail card.

Part I. Buying Smart


Protecting Yourself

Consumers are faced with a marketplace full of decisions. Ask the
right questions before and after you buy and avoid consumer fraud
and rip-offs.

Before you buy

o Take advantage of sales, but compare prices. Do not assume an
item is a bargain just because it is advertised as one.

o Don't rush into a large purchase because the "price is only good
today."


o Check to see if the company is licensed or registered at the
local or state level.

o Contact your consumer protection office or Better Business
Bureau (BBB) for any complaint recorded against the company.
Request any consumer information they might have on the type of
purchase.

o Be aware of such extra charges as delivery fees, installation
charges, service costs, and postage and handling fees. Add them
into the total cost.

o Ask about the seller's refund or exchange policy.

o Read the warranty. Note what is covered and what is not. Find
out what you must do and what the manufacturer or seller must do if
there is a problem.

o Don't sign a contract without reading it. Don't sign a
contract if there are any blank spaces in it or if you don't
understand it. In some states, it is possible to sign away your
home to someone else.

o Before buying a product or service, contact your consumer
protection office to see if there are automatic cancellation
periods for the purchase you are making. In some states, there are
cancellation periods for dating clubs, health clubs, and timeshare
and campground memberships. Federal law gives you cancellation
rights for certain door-to-door sales.

o Walk out or hang up on high-pressure sales tactics. Don't be
forced or pressured into buying something.

o Only do business over the telephone with companies you know.
o Be suspicious of P.O. Box addresses. They might be mail drops.
If you have a complaint, you might have trouble locating the
company.

o Do not respond to any prize or gift offer that requires you to
pay even a small amount of money.

o Use unit pricing in supermarkets to compare what items cost.
Unit pricing allows you to compare the price ounce-for-ounce,
pound-for-pound, etc. As an example, bigger packages are not
always cheaper than smaller ones.

o Use coupons carefully. Do not assume they are the best deal
until you've compared them to the prices of competitive products.

o Make sure all documents you sign are in a language you
understand.

o Don't rely on a salesperson's promises. Get everything in
writing.