Legal Question in Business Law in California
How do I file a small claim vs. a corporation?
I ordered season One of videos over the phone, "writing" a check for the amount by giving the operator my routing number. I was assured that the electronic check would not be posted for @ 10 days, and I stated that this was the ONLY way I would allow it, as my payday was still 2 days away. When the check bounced the next day, I called them to complain... at which time a rude operator asked me if I wanted to cancel the order (which would not ship for 10 days) . The 3rd time she asked, I said Yes, cancel the order and return my money! I waited a month, no $... called again, they said fax them a copy of the check and an explaination similar to this one, and a copy of my bank statement. I sent all this (the check being the actual paper one I filled out for my own records) and again a month later, and still they ignore me. It's now been 6 months... If I sue them, can I charge for the overdraft and/or 6 months interest on my money that is still in their keeping?
2 Answers from Attorneys
Re: small claim vs. a corporation?
Yes, sue in small claims court for the money, overdraft fees, and
lost interest.
Also report the company to the Better Business Bureau, and your local
District Attorney Consumer Fraud Division.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Re: How do I file a
Yes, you should be able to get the overdraft $. You will likely be awarded interest at the legal rate which is 10%.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
