Is it worth my time to pursue a lawyer to help me get a refund from a website building company located in India that did a poor job?

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Is it worth my time to pursue a lawyer to help me get a refund from a website building company located in India that did a poor job?

About 2 years ago, I paid a company called Fitser to create a website for my business. They took 6 months, constantly pressured me into paying for more things like apps, and the final website is poor quality. I spent $7,680 on it and it has broken links all throughout, misspellings, etc. I even asked them to fix the issues and they never did. They will not issue me a refund.

Asked on July 2, 2019 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unfortunately, it's not even close to worthwhile. You'd have to sue in India, which means you'd be hiring a foreign lawyer, to bring a case in a foreign country, under foreign laws--meaning you'd have effectively no way to understand or monitor what is going on or make sure that the lawsuit is viable and worthwhile; and even if you did win, if the company did not voluntarily pay, you'd then have to pursue collections in India, and it's not clear how effective the collections mechanisms in India are. You could spend a great deal of money and not get anything back. Also, I have some slight knowledge of Indian courts in the context of intellectual property, and they seem to strongly favor their own nationals over foreignors.


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