Help small claims case(California)?
I'm thinking of suing a real estate company that said they would find me a place to rent for a $180 deposit that would go to the first months rent. The day I gave them the deposit I went to see 3 houses by myself to my surprise. the house already had people living in them one person told me his house was never for rent.
The next day I sent them certified mail stating I was canceling my contract and went in the office and filled out a refund request. over 40 days later no refund
$180 seems like a Small amount to go to court for I was wondering if there was anything else I could add. Already on my list certified mail costs but how about loss of work anguish etc.
8 days ago I sent them a final demand for refund letter giving them five days to pay and no response they have did this to other customers and do not respond to phone calls
Need all the help I can get Thanks
Answers:
Easy does it on the fraud; a lot must be proven, starting with intent. That said, it wouldn't hurt to tell the cops, and you mgith even want to tell the cops they stole your money -and see if anything happens.
Best bet is probably the small claims court; the nice people there will help you understand and fill out your paperwork. Sounds like you should get a judgement. Pain and suffering? Uncertain. But no reason not to claim "bad faith" which could be compemsable. Now, once you have the judgement, how are you going to collect? That may require a separate legal process.
So, the other folks you need to be talking to are the consumer protection people in your state:
http://www.dca.ca.gov/
I would go with them FIRST because the y have the power to compell action; if that doesn't work, then off to court you go.
Good luck!
I would contact your local police. This sounds like a case of fraud. If others also file the same complaint, they will investigate.
You may be out your $180 though.
Thats screwed up what they did ..r u sure they are a real estate, where i live you don't pay a agent to find you a home unless you are buying it, turn them into the better business bureau! and find a lawyer that may give free advice
Report them to the Fraud division of your police department and then sue them in small claims. If you win, you are entitled to costs, including certified mail costs, but you will not get lost wages or anguish.
You will still have to collect from them, and that will be tough.
Also, report the individuals and the company name to the California Department of Real Estate. They have the authority to investigate fraud like this.
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