Legal Question in Civil Litigation in California

I used a credit card at a restaurant for a $26 bill, but when they added the tip in and ran it through their machine it posted for $2600. Because of the huge discrepancy - it overdrafted my account and I spent the whole day unable to buy gas (truck was on empty) or supplies for work. I lost a service call job and had to deal with my bank's overdraft fees.

Would the restaurant be responsible for my damages from that incident? I figure it is roughly $400 - $500 total. I have never been to small claims court (or any court for that matter) but I assume that is where I would take it.

Thanks for your advice.


Asked on 3/15/15, 8:37 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You might try a letter to the corporate office first and, if you receive no satisfaction, then perhaps file a small claims case. Although the facts are a bit extreme, the court filing might put you into a better position to negotiate a settlement.

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Answered on 3/15/15, 3:34 pm


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