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-   -   To sue or not to sue (https://www.aspkin.com/forums/amazon/109016-sue-not-sue.html)

shalomcity 07-18-2017 07:20 PM

To sue or not to sue
 
Hello All,

Have a large locked account with Amazon. Shared amount early this year. It's at a make or break point. Due to get paid next month. Payments says there paying. Performance says f-ck off. I spoke with several lawyers who are comfortable filing a arbitration case. Keep trying to email payments and get confirmation I will be paid. I hear crickets. Has anyone been through this? Do i need to just bite the bullet and file the arbitration case. It's a lot of money and worth collecting. Just hoping to avoid a legal fight. What are your thoughts?

rsot 07-18-2017 09:40 PM

Re: To sue or not to sue
 
How big is the amount in question? Keep in mind lawyers will charge fees...

shalomcity 07-18-2017 09:46 PM

Re: To sue or not to sue
 
40-45k based on my estimation. I know they will charge fees. Amazon Payments says I will get a check. AMazon Seller Performance says I wont. Calling Seller Support they won't tell me the balance, they cant see in the account is blocked from the. I don't want to wait till August to find out. A well written letter might help from a lawyer. What do you think?

butterbear 07-18-2017 10:07 PM

Re: To sue or not to sue
 
It really depends what cause the suspension. I had one 9.5k account suspended and was told that the funds will be release after 90 days. However, they did not release the funds after 90 days. It's been 6 months, I kept sending emails to Performance team, Jeff (about 20 + emails) without any reply. Then i called seller support one day and that person help me get the funds back. I didn't expect a seller support agent could get the funds back to my bank account. Surprised ! Try email Jeff then call seller support and see if they could help you with that. Good Luck!

shalomcity 07-18-2017 10:34 PM

Re: To sue or not to sue
 
40,000 I think I need a lawyer. Was Seller support able to tell you what the balance was befor 90 days. When the account was locked.

shalomcity 07-18-2017 10:45 PM

Re: To sue or not to sue
 
My plan is to get the lawyer involved and if needed file arbitration now that way i can get it resolved.

123 07-18-2017 11:15 PM

Re: To sue or not to sue
 
For that amount it would make sense, but I would exhaust all other options before, what estimates did the lawyer give you?

garry9061 07-19-2017 04:53 AM

Re: To sue or not to sue
 
why dont you just wait until the 90 days are over then go from there?

shalomcity 07-19-2017 09:19 AM

Re: To sue or not to sue
 
Because it will take another 2 months before arbritation to get paid if they dont. Starting this now. There is a even chance. I get my money in August.

garry9061 07-19-2017 02:07 PM

Re: To sue or not to sue
 
or you wait and not pay any lawyer fees.

mrking401 07-20-2017 02:30 AM

Re: To sue or not to sue
 
If you know what your doing ,you dont really need a lawyer for this.You can represent yourself as long as you have the necessary proof of your inventory legitimacy and ownership of the account.Amazon cant legally keep your money even as a billion dollar company that they are as long as you prove you werent selling ⊗⊗⊗⊗.The issue is the bad advice that comes from this site of people telling you its not worth it.Half the people on here giving advice havent even tried it before,there just talking to add forum content.I say go for it,just have all your proof ready.Also get a subpoena once you file suit which will force amazon to give you access back to your account for for collecting evidence and data for the case.

oompaloompa 07-20-2017 06:33 AM

Re: To sue or not to sue
 
The hearing crickets, seeing tumbleweed thing, seems to be the norm. I would wait til the 90th day, whilst forwarding legal threats to key emails and by certified letter. Then at that point follow above posters advice and file....

shalomcity 07-20-2017 09:00 AM

Quote:

Originally Posted by oompaloompa (Post 859730)
The hearing crickets, seeing tumbleweed thing, seems to be the norm. I would wait til the 90th day, whilst forwarding legal threats to key emails and by certified letter. Then at that point follow above posters advice and file....


No one can tell me for sure . Will I get paid at day 90? Or should I just file and get a jump on it

BaggaDonuts 07-20-2017 11:10 AM

Re: To sue or not to sue
 
Quote:

Originally Posted by shalomcity (Post 859766)
No one can tell me for sure . Will I get paid at day 90? Or should I just file and get a jump on it

Wait out the 90 days, if you don't get paid.. call them up and ask where your money is. If they BS you, go from there.

I'd probably start with having a lawyer draft a demand letter for the balance. Keep in mind a lawsuit over 40k.. you'll probably spend a good chunk of that on your attorney, if not all of it- no big deal if you win atty fees. Amazon's got deep pockets. They might have some kind of arbitration clause in their seller TOS preventing a lawsuit anyways.

Not legal advice, just my opinion.

yankee 07-20-2017 12:40 PM

Re: To sue or not to sue
 
it is not 90 days. it is 90 days then the next scheduled distribution date. Unless you are selling counterfeit goods, you have no worries about getting paid.

GhostOfAmazon 07-20-2017 10:20 PM

Re: To sue or not to sue
 
Quote:

Originally Posted by butterbear (Post 859413)
It really depends what cause the suspension. I had one 9.5k account suspended and was told that the funds will be release after 90 days. However, they did not release the funds after 90 days. It's been 6 months, I kept sending emails to Performance team, Jeff (about 20 + emails) without any reply. Then i called seller support one day and that person help me get the funds back. I didn't expect a seller support agent could get the funds back to my bank account. Surprised ! Try email Jeff then call seller support and see if they could help you with that. Good Luck!

Your story sounds completely unbelievable. Seller Support isn't even able to view "deleted" accounts.

GhostOfAmazon 07-20-2017 10:22 PM

Re: To sue or not to sue
 
Quote:

Originally Posted by yankee (Post 859788)
it is not 90 days. it is 90 days then the next scheduled distribution date. Unless you are selling counterfeit goods, you have no worries about getting paid.

You sure? Multiple people have claimed to be legit and not gotten paid, due to Amazons TOS stating "fraudulent information" can keep your money.

yankee 07-21-2017 09:08 AM

Re: To sue or not to sue
 
Quote:

Originally Posted by GhostOfAmazon (Post 859894)
You sure? Multiple people have claimed to be legit and not gotten paid, due to Amazons TOS stating "fraudulent information" can keep your money.

Hmmm....... Fraudulent information makes sense along with Intellectual property violations as well.

I also missed that the account was deleted.

I retract my statement altogether. :doh:

shalomcity 07-21-2017 01:10 PM

Re: To sue or not to sue
 
IP violations= screwed. Account was setup in LLC. So no issue. Legally how can they keep your money? Fradulaent information doesn't holdup in arbitration or court. Tell me I am wrong. IP or Knock Offs I think your done. Products are 100% legit. Thoughts?

GhostOfAmazon 07-21-2017 05:22 PM

Re: To sue or not to sue
 
Honestly I don't see how they could even keep ALL your money for knock offs (assuming that some of your inventory is legit). Would seem to me they'd be required to give you the portion they can't prove is illegitimate. But I'm no lawyer nor legal expert.


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