Legal Question in Civil Litigation in California
Travel agency fraud
I recently filed a claim in small claims court against a travel agency, Bear Country Vacations. The travel agency took a deposit of $770 for a trip I never got. The sheriffs department went to serve the paperwork, however the address given under the State of California business license is a mailbox. The papers could not be served. What should be my next step to try and retreive my money? The travel agency has a working website (http://www.bearcountryvacations.com/). I can't even get them to respond to my numerous emails.
Please help.
3 Answers from Attorneys
Re: Travel agency fraud
The rules for service of a complaint on a corporation allow service by US mail with return receipt. Therefor, you should mail a copy of the complaint via certified mail, return receipt requested. When you receive the green card back, with the signature indicating delivery, you can file an affidavit of service that references a copy of the receipt card. If you made payment via credit card notify the company that you dispute payment and the card issuer will be forced to investigate the matter. I offer free consultations.
Re: Travel agency fraud
1. You can go to your local post office. Fill out a form to obtain the physical address provided to the post office to obtain a PO Box.
2. You stated the defendant is a CA corporation. Try contacting the appropriate CA govt agency (usually called something like Dept of State or Corporations Bureau) to obtain the registered address. Search the CA state web site- sometimes you can get this info for free on the internet.
Re: Travel agency fraud
Go to the California state official website and go to the index of state agencies. Then go to the secretary of state website and the business portal. All corporations doing business in California must have a authorized agent for service. You can serve the authorized agent. If there is no agent for service contact the secretary of state for the proper procedure tof serving the corporation.
Related Questions & Answers
-
Real Property what is considered real property in a civil litigation Asked 4/07/05, 5:21 am in United States California General Civil Litigation