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Best possible route for recovery of D.P.

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What is the name of your state?NY

This past winter I tried to lease a car through an on-line leasing company. I have done this with several other vehicles (different company's) and never had an issue. However this last one didn't go so well and I need some advice.

Heres the deal. I contacted an on-line leasing service and we made a deal over the phone. They faxed me an intent to lease a vehicle. Everything looked as agreed upon. I sent the intent back with my deposit check for
$ 3,594. The company went to work getting me the car. The next day they realized the cost to lease a car in NY was way over what they agreed to so they tried to get me to lease the car through another state where I have a temporary residence. After some time thinking about this we decided that was not the agreement and having the car licensed in another state would just be wrong and too hard to deal with so we damanded they lease the car in NY at the agreed upon deal or refund our deposit. Some time went by but it was obvious they could not make the deal happen in NY. That was in January. It is now Aug. and we are still in communications with them but can not get them to send back our deposit. They say they will but we never see it.

The company is located in southern California. I would have no problem taking them to small claims court but that could be a real problem as I have to fly out there to go to court and knowing this company they are going to back it up every chance they get. So I would have no way of knowing for sure when it would go to court. And to my knowledge even winning in small claims does not guarantee payment.

I need advice as to the best possble route to take to recoup the deposit. If there is one?

It's too bad, really. I have had many good experiences dealing on-line with cars and always saved a lot of money. One bad apple, I guess.

Thanks in advance

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