Matt O.

Guys and gals,

It appears I will be forced (all other tries to get my money back have been fruitless) to take a California based credit card processing company to small claims court, for the amount of $825 plus any court costs and maybe for my time.

With that said, is there anyone here who knows a lawyer in California that would be willing to help me out? Maybe pro-bono?

This money was taken from me, illegally albeit accidently according to the company in question, and I need (i.e. WANT) every penny of it back -- IT WAS NEVER THEIRS. I have been fighting this for almost a year, and I have exhausted all friendly methods of getting my money back. I will be talking to their representative one last time on the phone (if he ever calls me back) today, or Wednesday as I work again tonight until 10PM, and 9AM-10PM tomorrow as well, but have Wednesday evening off. This final conversation I am taperecording, and will notify them in the beginning of the conversation that I am recording the conversation. I have been WAY more then kind, and THREE different people at this company have all acknowledged that, and TWO so far have agreed that that money was taken wrongly and should be returned, yet it never was because higher level management didn't "approve" it. Therefore, none of those people ever called me back to let me know, they simply left me without an answer.

With that said, the zip code is 92618 and the city is Irvine, CA.

I would be happy to explain the entire story but it is long, and I did not want to bore the rest of you. It boils down that they illegally but accidently ("clerical error") drafted money out of my checking account and I didn't catch it for over 2 years. They claim their policy is they are responsible for the last 3 months, and I claim I don't care what their policy is, that the law, goodwill and common sense superceeds their policy.

Thanks in advance, alot,
Matt

Matt O.

bump, thanks.

EZRider

That really sucks, I hope you'll get your money back!

Mark Parker

Matt; Not knowing the laws of California, I can only assume they're roughly similar to those of Kentucky as per small claims. The small claims process is designed to work without lawyers. I've used it before, and the results were good for me, although the process wasn't what I expected it would be. The judge was insistent that the person against whom I had a complaint and I try every possible avenue to work out a solution without her having to make a judgment. This worked, in the end because he was at last required to actually show a good faith effort to satisfy my complaint or he would have had a judgment made against him. It would be difficult, but I guess not impossible, to conduct this action by mail, but you'd be at a disadvantage because they would have the ear of the judge. If you go small claims, be prepared to provide the other party with copies of all materials you intend to use as evidence in support of your case prior to the trial date. I guess your only chance to present your case this way would be the most clearly stated and concise letter you could compose, referring to all your evidence as necessary.
As far as hiring a lawyer. My case involved just under $1500.00 in disputed charges, and I couldn't find a lawyer in this town who wanted any part of it. I assume there was no money to be made by representing me, not knowing how much time and effort would be required. It was, in fact a lawyer who advised me to go to small claims with my case. What I had to go through just to get the papers served on this lowlife is another story in itself, although you are dealing with a corporate entity and shouldn't have that problem.
As a parting thought, maybe California has some kind of arbitration board who would hear your case. Failing that, maybe a call to the state Attorney General's office, just to rattle their cage.
Whatever you decide, I hope you reach the solution you're looking for. It's just a damned shame that a corporation won't rectify such an obvious error without the threat of legal action.

Matt O.

Yes it is very sad the corporation won't do what's right in this case. It is a clear cut case, and when I get back from work tonight I will go into the details for anyone with further advice.

As far as highering a lawyer, I would really only need them to file the claim in the county where the corporation resides. The rest I can do. If I have to fly out there, I will, and add that in to the cost of the suit.

I am very angry. I have done my best to document this entire process. Part of the reason for taping the conversation (which never occured, because the person never called me back) was to do what you just said, let them know I have exhausted all other means to get my money back. This has been going on for nearly a year, and I have received the run around several times, un-returned phone calls, etc.. I know in my heart I have exhausted all other means, if final call I make to them on Wednesday is fruitless as well.

This entire situation will be written down, with accompying documentation, and will be forwarded to the office of the BBB, and taking your advice, the Attorney General of California as well.

Personally, I would spend $824 to get my money back. Economically stupid, but on principle, it is the right thing to do. They wronged me and one thing I have learned is that if you have been wronged, at least most of the time the law is on your side.

Thanks,
Matt

Travis - sflraver

I had a similar problem with bellsouth. They charged me for over a year , every month, for 2 Internet access accounts before I caught the mistake. My answer was... oh well, how do we know you were not using the second account.
After talking to the highest person I could reach and getting his name, he still told me that there was nothing he could do about it. When I asked who was over his head he said no one. So I tracked him down and called his house to discuss it further later on that night. He was NOT HAPPY about that at all but the problem was taken care of shortly after. People do not like work problems conflicting there personal lives so maybe a phone call to the correct number could clear things up for you.

Jonathan Martini

Have you consulted a lawyer at all yet?

Why would it have to be in California small claims?

And if they "accidently" withdrew money from your account isn't that wire fraud? On top of that it's an interstate offense, so I'm guessing FBI.

If you want some free advice, I might suggest calling up Clark Howard. Him or someone on his staff might have a means to get this taken care of without the courts. Might just take a properly worded certified letter.

You can find info about Clark at ClarkHoward.com

Good luck,
Jonathan

Mark Parker

Travis, I know some would say your method borders on stalking, but I LIKE IT !! And it got results.

Travis - sflraver

Or you could .. fly to CA, ****** the guys dog (if he has one), knock on his door , let him know who you are ... then tell him you found his dog.

been watching to much sopranos.

I dont think a personal call is out of line though.

IceShark

For $824 you are going to spend that pretty easy and I don't believe you will be able to make any claim for court costs and time invested in a small claims court in CA.

Drop the California AG's office a letter, that can work wonders. Forget the postage cost to the local BBB, it is wasted money.

Then if the AG fails to resolve and you really want to screw these guys start thinking Federal Court so you can least get the trial court in your backyard. They have probably violated several federal laws, maybe an easy one would be mail fraud depending on your facts. But get ready for a real fight .... and I think you need to be claiming at least $50k in damages to file in Federal Court but that might not be too hard to dream up with punitive damages and such. Just filing in Federal Court is going to be a problem for them as the attorney fees are going to cost them way more than $824 even if they could get the case kicked out in a summary judgement.

89NA944

Matt: I live in California, and had a similar problem with an individual in Michigan. After several friendly emails and phone conversations nothing was resolved. I sent an email to the Michigan Attorney General, the Postal Service Fraud Inspectors, and obtained the address of the Police Chief in his home town. He got copies of everything. I not only got my money back within 10 days, but the satisfction of sending the Postal Inspection Service to his front door. Good Luck, and I only live 30 miles from Irvine, so if there is anything that I can assist you with, LMK...Phil

Dave

Don't forget that you should be entitled to interest on that money!

Matt O.

THAT is just what I was thinking.

6% is about what my money market is getting I think...

Thanks for all your feedback. Reset assured I will do everything listed here.

The man finally called me back, of course, while I was at work this evening. Conveniently.

Regardless, I don't work Wednesday night (tomorrow my break between jobs is even shorter then today) so I will get in contact with them Wednesday. I will give them ONE LAST CHANCE or else the letter writing begins and they are going to see my mean side.

Put it this way -- I have sik'd OSHA on a company that fired me for bringing up a safety issue, and I was only 16. They screwed over the wrong person...

Thanks again for the feedback. My next post will be the entire story from beginning until now.

-Matt

David Floyd

Todd Serota of TracQuest and Rennlister might offer you some advice if you ask him.

brrt50cal

Screw 'em!!! Screw 'em good!!!