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Small claims court, can it help?

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zdavez

Junior Member
What is the name of your state? WV

I ordered an item from a company over the phone with a credit card. They were really slow on shipping and after weeks I called to cancel the order. Weeks later I receive the item and I called the company about returning it for a refund and they said it was not a problem, they told me to return package to sender and once they receive it they will credit my card. My card was never credited. I contact the company and had the owner would not agree or listen to anything I tried to explain to him. All he would do was refuse to refund my money 1st claiming that I never returned the package then when I showed proof that I did he claimed that it was a used product that he discarded. Then I file a claim with the Better Business Bureau and they could not help settle the case. This company owes me just under a hundred dollars so it is in no way worth getting a lawyer for it. But how does a small claim work? From all I can tell from searching the web is that I have to file a claim at the location of the business and pay a small fee. Then once a court date is set then I would have to go there to argue my case. If that is true then after I pay a small fee to file the claim and if I would have to drive or fly to the location of the court then I would end up having more money involved in trying to get my money back than what I originally lost. Is that the way it really works? Do I have to go there or can things like this be handled over phone, mail or internet? Any help or advice on this would be greatly appreciated. Thanks in advance and sorry for the long post. I just wanted to shed some light on what I have done so far.
 


Zigner

Senior Member, Non-Attorney
Has it been more than 60 days since the charge first appeared on your statement?
If not, dispute with the CC. If yes, then see the prior post by Seniorjudge ;)
 

zdavez

Junior Member
Sue the bad people in small claims court in the county where they do business.
Then would I have to travel there for any reason? Like I said it's not worth it if I have to travel and I don't want yo waste a bunch of time of it's not going to be of any help.


Has it been more than 60 days since the charge first appeared on your statement?
If not, dispute with the CC. If yes, then see the prior post by Seniorjudge ;)
It was mid Dec 2007 when I ordered. Recieved package and returned by mid Jan.
It was actually paid for with my debit card (checking account) can they help the same as a credit card bank?
 

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