Legal Question in Civil Litigation in California
Suing for money owed where the defendant lives out-of-state.
A company in CA is over due on returning a deposit owed to me in the amount of $999.90. They agreed to apply the credit back to my credit card originally debited a month ago. I called today and there is no answer at the corp office, or customer service numbers. How do I go about suing for the money that they owe me when they are in CA and I'm in CO? I now think the company went belly-up and I'm out the money. Is there any recourse for people like me where a dispute takes place from different states.
2 Answers from Attorneys
Money owed from out-of-state Company
Your question was unclear as to the following facts:
1. Was the deposit put on your credit card in the first place?2. Was the company a Corporation or partnership?3. How long ago was the transaction?4. What was the deposit for?
Based upon the answers to these questions, you may still be able to recover your $999.90 (very odd figure).
As for recovering from an out of state company, if the transaction occurred in Colorado, thenyou could sue in Colorado and ask a California court to honor a sister jusisdiction judgement.
If the transaction occurred in California, then small claims court could be the answer. To hire an attorneyit would cost much more than the 999.90 owed. If you want to sue in California, based upon the answers to the above questions,you might be able to recover much than the $999.90 owed, more research and information is needed.
Please feel free to contact me if you are interested.==================================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If youneed legal advice for a specific legal problem seek the servicesof a knowledgable attorney in your area or locale."=================================================================
Collecting on credit card charges
If the deposit was paid by a credit card, you can contact the credit card company, in writing,and request a charge back. The credit card company should credit your account and deductit from the company.
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