Legal Question in Civil Litigation in California
I purchased plane tickets worth $26,900 from a travel agency in California and the travel agency did not deliver the tickets. It refunded my payments instead in the form of bad checks. What is my legal recourse to get back my payment?
3 Answers from Attorneys
You can have a lawyer write a demand letter and see what happens. If that doesn't work, you can sue.
My hunch, though, is that you've been scammed. If I'm right about that, there may not be much chance of getting your money back. Did you research the agency before you made these purchases? Do you have any idea whether it's well-established?
If you think this is a scam, you should report it to the police. But *don't* threaten to go to the police unless you get a refund. That would be extortion, and it could get you into real trouble.
contact your credit card company to report fraud and get the charges reversed.
file criminal charges with police.
file a civil lawsuit, IF the company still exists and you can find their physical location. If serious about doing so, feel free to contact me for the legal help you're going to need.
I disagree with Mr. Hoffman and Mr. Nelson. Neither of them answer your question.
You will have to file a civil suit for writing bad checks. Before you sue, you may want to write a letter, pointing out the bad check statute penalties pursuant to Civil Code section 1719. I suggest you familiarize yourself with that statute, and even seek some legal advice prior to filing a lawsuit.