canada small claim

[ely123]

What is the name of your state? Missouri
My wife and I went to British Columbia and rented
a house for the week. We were forced to leave early and
the rental agency told us before we left they would refund
our last 3 days of our stay. When we got back home and
called our credit card company and found out they had not
credited our account we called the rental agency and we
were told they were not going to give us a refund. So we
told our credit card company and got out money back.
Now the rental agency is taking us to Small Claims court
to get there money back. If I do nothing with this summons.
Is there anything they can do to us ? Has anyone who lives
in America been sued by someone in Canada ?

 

[I AM ALWAYS LIABLE]

My response:

"U.S. LAW ONLY"

IAAL

 

[ChingonBoo]

Although I don't know anything about Canadian Law, In California, if you do not appear, or have a representative appear in your behalf you, the court may award the plaintiff the amount of the claim and the cost.

 

[I AM ALWAYS LIABLE]

Although I don't know anything about Canadian Law, In California, if you do not appear, or have a representative appear in your behalf you, the court may award the plaintiff the amount of the claim and the cost.

My response:

And you obviously don't know anything about California Small Claims court law either. When it comes to non-corporate entities, such as what is being discussed by our writer, a "representative" cannot appear for you in Small Claims court in California. Either you, yourself, appear on your own behalf, or you default.

IAAL

 

[HomeGuru]

Although I don't know anything about Canadian Law, In California, if you do not appear, or have a representative appear in your behalf you, the court may award the plaintiff the amount of the claim and the cost.

**A: you made a Klingon Boo Boo.

 

[ChingonBoo]

How hard would it have been to tell the person that to begin with. They were obviously looking for some direction. It's better than hearing "US LAW ONLY."

 

[I AM ALWAYS LIABLE]

How hard would it have been to tell the person that to begin with. They were obviously looking for some direction. It's better than hearing "US LAW ONLY."


My response:

Idiot!

I was talking to YOU. You're the one who started talking about CALIFORNIA Small Claims court! The information I talked about was for YOUR benefit. I wasn't talking to our original writer!

California law has NOTHING to do with the law or procedures of CANADA!

Since this is a U.S. LAW ONLY site, your information to our original writer was erroneous and ridiculous. My information to YOU was right on the mark.

Learn to read, and learn to keep "trains of thought" together.

IAAL

 

[HomeGuru]

Boo is a caboose short of a train. Boo Hoo.

 

[JETX]

"Is there anything they can do to us ?"
*** As long as you have no assets in Canada or don't plan on returning, not really.

"Has anyone who lives in America been sued by someone in Canada ?"
*** Yes.

Your post says that you rented a week up there and (for some unstated reason) left early. You then disputed the charge on your credit card and it was 'charged-back' against the merchant/owner. Was the reason you left early any fault of the owner of the property??? If not, you would be liable for the payment of the full week as agreed. If however, the early termination was somehow due to their actions or fault, then you at least owe them for the days you did stay. Why not contact them and negotiate a settlement by paying for the days you were there?? You owe at least that and it might just make the 'non-pay' issue disappear when explained.

Additionally, you mention that a rental agent was involved. Is that the party that is filing suit?? If not, then it is possible that the plaintiff may not know of your 'verbal agreement' with the renter for the refund..... further your complaint would be with the agent and not the owner.

 

[ely123]

The dispute is with the rental agency. We left early because
another person moved into the house while we were
staying there. We did pay them for the days we were there.
Before we left they told us they would credit our credit card
for the remaining days of our stay.
But when we got back home, a few days later, our card
still was not credited. When we called them back, they told
us they were not going to do it and there was nothing we
could do since we lived in Missouri. So we sent our
documentation to our credit card company and they got the
money out of the rental agency's bank account.

 

[JETX]

"So we sent our documentation to our credit card company and they got the money out of the rental agency's bank account."
*** That is what is called a 'charg-back' and doesn't answer my question. if you will look at the credit card statement, you will see that they refunded 100% of the charge, and not just the few days that you left.

I suggest that you contact the rental agency and offer to pay for the days that you did use in return for a release of any obligation of the days you didn't.

 

[ely123]

No the rental agency only wants back the three days the
credit card company took out. Our account was only credited
for 3 days of the 7 we spent there.