[MD] [MD] How do I properly serve a complaint against an out-of-state company that failed to provide contracted services and issued only a partial refund?
If a company failed to remove my hot water heater and only refunded 50% after I declined to reschedule, do I have grounds to file a complaint to recover the full amount I paid?
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In Maryland, you still can serve legal documents on a company’s registered agent even if the company is not in good standing, since the agent’s role is to accept service regardless of status. State consumer protection laws also require businesses to honor service agreements, so if you paid for services that were not delivered, that may be a violation. Finally, if the company promised a service and failed to provide it, this could amount to breach of contract, and unclear or unfair refund policies may also be legally questionable.
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Hello! I am filing a complaint today regarding services I paid to have a hot water heater removed, but the service was not able to remove the appliance. Upon asking for my money back, they said they would reschedule the pickup, but that did not work for my schedule. When I did not reschedule, they told me I would only receive 50% of the cost back since I "cancelled" on the date of the service. Furthermore, they gave me a 50% refund while I was on hold.
Hello! I understand how frustrating it must be to deal with this situation about the hot water heater removal. Can you please tell me how much time has passed since you initially requested the service?
This occurred last week. My question is, as I did not mean to hit return, the company has a registered agent here in Maryland, as the company is located in Georgia, but the company is not in good standing with the Maryland Business Exchange. Do I serve the complaint on the registered agent despite them not being in good standing? Or do I serve the complaint at the corporate office?
Have you documented any communications with the service provider, such as emails or messages, regarding the refund and rescheduling?
Yes.
Is there anything else the consumer protection lawyer should know before I connect you? Rest assured they will be able to help with your service complaint.
No.
Hi there! My name is Seth, and I am a licensed attorney. I understand you're dealing with a complaint regarding a service you paid for but did not receive as expected. Do you have any other details about the company's registered agent or their corporate office?
Disclaimer: Just a note—our conversation is for general legal information only, and does not establish an attorney-client relationship.
I know who the registered agent is for the company, and I have her address as it was set when she became the RA.
Great, having the registered agent's address is helpful. Since the company is located in Georgia but you're in Maryland, could you tell me if you've had any previous legal interactions with them or if this is your first time dealing with such an issue?
This is the first time I have had any dealings with this company or RA.
Got it, thanks for sharing that. Since you mentioned the company isn't in good standing with the Maryland Business Exchange, have you checked if there are any ongoing legal actions or complaints against them?
Hello?
Just checking in! Have you looked into whether there are any ongoing legal actions or complaints against the company?
I asked a clarifying question above but did not receive a reply from you. My message was as follows: Got it, thanks for sharing that. Since you mentioned the company isn't in good standing with the Maryland Business Exchange, have you checked if there are any ongoing legal actions or complaints against them?
They have had three cases with two being for “Municipal Infraction.” Two were from a county and one was a judgment, although I do not have the facts of the cases.
In Maryland, you still can serve legal documents on a company’s registered agent even if the company is not in good standing, since the agent’s role is to accept service regardless of status. State consumer protection laws also require businesses to honor service agreements, so if you paid for services that were not delivered, that may be a violation. Finally, if the company promised a service and failed to provide it, this could amount to breach of contract, and unclear or unfair refund policies may also be legally questionable.
Let me know if you have any questions or clarifications.
Are you able to review my complaint and see if it makes sense and I included all relevant details? Or is document review not part of this service?
I’m more than happy to continue discussing general legal information to help you navigate your situation. Document review is not part of this service. If you have any specific questions or need further guidance, feel free to ask!
Ok, that’s alright. Maryland Code states that I can also request costs related to actions I took in getting rid of the item. However, the code only states “fair market value.” Would it be appropriate to include in the complaint a request for compensation of $244 for me having to remove the appliance?
If you incurred $244 in costs due to the company’s failure to perform, you can include a request for compensation in your complaint. Be sure to document the expense with receipts or invoices and cite the relevant section of the Maryland Code that allows recovery of such costs. Clarify why $244 reflects the fair market value for removal, such as by comparing similar services in your area. In your complaint, state clearly that you are seeking reimbursement for this amount, and be prepared to negotiate if the company disputes it, using your evidence to support your position. Please let me know if you have further questions.
Just checking in to see if you had a chance to review my last message. Let me know if you have any questions or need further assistance!
Since I have not heard from you, I will presume your question was answered and your concerns addressed. If you require further assistance, please let me know. I will be more than happy to continue assisting you.
Seth
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