Before seizing a judge, it is better to try to resolve your dispute amicably. In practice, the completion of some formalities can often put an end to litigation with the help of the brisbane law firms top tier .
Formalities and maile
The first step is to assert your rights with the merchant or his customer service. You can first contact him by email or phone. If this step is unsuccessful, you can opt for a letter sent by registered mail with acknowledgment of receipt in which you recall the facts, state your rights and the articles of the law or regulation on which they are based and give notice to the addressee to fulfill his obligation. You can help with many mail templates, such as Invoice Challenge or Delivery Challenge template, for example.
If the situation is blocked because the merchant does not want to hear anything or delays in running, you can contact a consumer association that can support you in your efforts and possibly reach the merchant directly to force him to run. The association can also accompany you if you plan to go through a judicial phase.
There are also consumer mediators that you can contact for free. They are competent for disputes between a consumer and a professional, whether it is a purchase in store or online on the internet. The mediator may be seized within one year of the written complaint to the merchant. The contact information of the competent mediator should normally appear on the business documents of the company. The referral can be done online or by mail.
Take legal action
If no amicable solution has succeeded, you will have no choice but to go through the judicial process. There are several types of simplified procedures for settling this type of small litigation. Before starting a procedure, you can find out from a lawyer or a consumer association that can direct you to the right approach and possibly represent you.
Injunction to make or pay
If your debtor refuses to fulfill one of his obligations, you can legally compel him to execute. You can initiate a request for an order to pay procedure if your request is for a refund or compensation. It may also be a request for an injunction procedure if it involves, for example, delivering or repairing an object. Your request must be addressed to the district court.
Statement to the Registry
In order for a judge to settle your dispute on the merits and possibly grant you compensation, you can also take legal action via a declaration at the registry of the district court if the amount involved does not exceed 4000 dollars. The use of a lawyer is not mandatory.
Any entrepreneur, shareholder or investor facing a dispute in company law or, more generally in commercial law, relating for example to the execution of a shareholder agreement or an investment contract will most likely have to consider the most appropriate way to resolve this dispute.
His main concerns will then be to resolve this conflict in the shortest possible time, by devoting a minimum of energy and financial means while having the feeling to have been heard and even listened to by an authority accustomed to business and problems financial, economic or legal aspects. The purpose of the present contribution is to describe the main avenues that the law of the civil settlement of the disputes offers to the actors of the economic life to settle their disputes.