Trying to get a refund

[Garrett2533]

What is the name of your state (only U.S. law)? MA

Hello,
Back in July I place an order with a company based in NJ. I sent them a money order, but they never sent me my order, so I called them and they shipped the order out, but I still never got it. So I called them again and they told me they were sending it. Then after a few back and forth e-mails, I told them I wanted a refund for the products that they never sent me. So they sent me an order, I say an order because it wasn't my order.
So I sent it back to them and kept trying to get my refund. The told me they never got the order back, so I called UPS to confirm the delivery, which they did, then the company says that they did get the order back after all, and would be sending me my refund. Still never got it.
So I filed a complaint with the BBB, they responded the they were sending me my check, but I still never got it. So I called them and they said it was in the mail, but I never got it, so I renewed the complaint with the BBB, who administrativly closed the case(AJR is how they judged it) because the company never responded. So I keep calling them, and the owner claims that he personally sent the check on 12/3/08 and I would recieve it on 12/5/08. Of course, I did not. So now, whenever I call them, I get the answering machine and they do not return my messages. After a little research about the BBB, I discovered that they seem to be as useful as an angry letter sent to the wrong address.

I have come to the conclusion that the only way to get my money back is to pursue the matter legally. The amount they owe me is less than $200, so here are my questions:
-Do I need to go to NJ to sue them?
-If so, can I sue for the expense of pursuing the matter, I.E; legal fees, lodging in NJ, travel expense, lost wages for taking the days off of work?
-Do I have a case at all?

Also, the company is one of the top 15 sellers on amazon(dot)com, so I'm resonably sure that they are a legitamte company.

 

[racer72]

Do I need to go to NJ to sue them?

Does the business have a presence in your state? If the answer is no, you will need to travel to New Jersey to sue.

If so, can I sue for the expense of pursuing the matter, I.E; legal fees

Yes.

lodging in NJ, travel expense, lost wages for taking the days off of work?

Nope.

Do I have a case at all?

It appears so.

 

[Garrett2533]

Okay, I have absolutley no training in litigation, do you think this is something one of us dirty peasants could handle, or should I hire a lawyer?
Also, do I have any legal precedent to sue for a couple hundred dollars extra for all my trouble(this has been going on for over five months, now).

My biggest concern is that I'll spend more money trying to get my refund, then what it's actually worth.

 

[racer72]

If you travel to sue or hire an attorney, it is going to cost a lot more than you loss and makes no sense. My suggestion would be a demand letter from an attorney, this may be enough to shake the money loose. That will cost $50 to $100. Anything that costs more would not be worth the expenses to collect.

 

[Garrett2533]

If you travel to sue or hire an attorney, it is going to cost a lot more than you loss and makes no sense. My suggestion would be a demand letter from an attorney, this may be enough to shake the money loose. That will cost $50 to $100. Anything that costs more would not be worth the expenses to collect.

Ok, thanks. I spoke with the company's owner last night, and I got his consent to record the phone call. He says he's sending me a registered letter with a check for more than the amount I paid, and I have that on tape with him confirming the date and time. If that doesn't turn up, then I'll look for an attorney to write up a letter.

Thanks for the help.