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Red Box Late Fee Payments

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MayaVieira

Junior Member
California -- so the other day my sister and I were at a gas station that had a red box. She told me that she'd pay me back if I let her use my card to rent A movie. She decides to rent FIVE movies, which was not a part of the plan, at a little over $8 total. She gives me $5 , says she owes me $3. I'm thinking she's gonna return them before 9 pm the next day so there's no late fees. It's now 4:30 pm the next day and I can't get a hold of her. I did keep one of the disks, which I already returned. She still has 4. I contacted Red box, and their policy is they dont charge late fees, they just charge you $1.99 per disk each day for 17 days. After 17 days they dont charge you anymore and you basically get to keep the disks. Red Box told me for the 4 disks (not including the one I already turned in ) after 17 days I'll get charged a little over $100. I'm trying to get them back tonight, but does my case even apply to small claims court? I'm a broke college student who can't afford $100 for disks.

I think it will apply to small claims because, 1) I didn't agree to let her rent 5 disks, I thought it was only one, 2) she told me she would pay me back, she eve gave me $5 and said she owed me $3, and 3) I didn't agree that she was allowed to get me charge late fees (I know technically by Red box's conditions they arent considered late fees but thats just what I'm going to refer to them as)

Thanks for any advice!
 


adjusterjack

Senior Member
Yes, a small claims lawsuit against your sister is the way to go.

However, I think you will have to wait until the 17 days are up and you've incurred all the charges.

Otherwise if you sue her in the next couple of days, all she'll do is give you back the DVDs and the small amount of money that you lose might not be worth a day in court.
 

AdjunctFL

Member
While a small claims case may be the way to go, you’re talking about $100. After the $30 filing fee, the most you can get is $70. How much effort do you want to go through to learn the process, spend time traveling to and from and in court, etc. ?

For $70 net, I would treat it as a lesson learned at an expensive cost.

ETA: Even if you win, you don't get $100. You get a judgment against your sister which is likely either not collectible, or not worth the time and effort to collect.
 
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MayaVieira

Junior Member
Thanks guys. For the record, and I'm not sure if every town is like this because I'm dumb, but we have a courthouse in town, it's literally fifteen minutes from my house. Can you tell me more about the process?

I went to her house while she wasn't home and found the disks anyways, thank God. I have already turned them in. But I'd still like to know how to process works if you could tell me.
 

adjusterjack

Senior Member
While a small claims case may be the way to go, you’re talking about $100. After the $30 filing fee, the most you can get is $70. How much effort do you want to go through to learn the process, spend time traveling to and from and in court, etc. ?
When you win a lawsuit you also win your filing and process service fees.

ETA: Even if you win, you don't get $100. You get a judgment against your sister which is likely either not collectible, or not worth the time and effort to collect.
Maybe not, but judgments are collectible for a long, long time and could result in serious financial consequences for somebody who doesn't pay one.
 

Zigner

Senior Member, Non-Attorney
While a small claims case may be the way to go, you’re talking about $100. After the $30 filing fee, the most you can get is $70. How much effort do you want to go through to learn the process, spend time traveling to and from and in court, etc. ?

For $70 net, I would treat it as a lesson learned at an expensive cost.

ETA: Even if you win, you don't get $100. You get a judgment against your sister which is likely either not collectible, or not worth the time and effort to collect.
You are wrong about the fees. If the OP wins, she would be awarded the court (and service) costs on top of the award for damages.
 

adjusterjack

Senior Member
I'd still like to know how to process works if you could tell me.
The CA courts website has a comprehensive self help section that'll tell you all about how small claims court works:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

Your local court might have a website with local procedures.
 

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