Yes, that is what happened. They failed to take the payment last month and it wasn't until I received this month's bill did I know this happened. They failed to inform me of the activity on my account, they failed to inform me that I needed to make the payment last month and they failed to take responsibility for the error. Not only are they now showing that my account is past due, which I have never been before, but I have to figure out how to come up with $700 in one month to pay the two bills and still be able to feed my children now. They have inconvenienced me and my family and now will show I have made a late payment on my account through no fault of my own.
I'm asking if I can sue Verizon in Small Claims for damages, financial (for amount of bill and late charge), punitive damages and Emotional Distress?
I didn't notice because I don't "watch" my account. My budget is such that because I use auto-payment, it is standard each month, with a small cushion for expenses such as your payment. I can "attribute" this to Verizon because they didn't report to me the activity on my account OR the fact that they would not be taking out my auto-pay. The first time I learned of their error was when my next bill showed my past-due amount.
QUESTION:I'm asking if I can sue Verizon in Small Claims for damages, financial (for amount of bill and late charge), punitive damages and Emotional Distress?ANSWER: Yes, you can sue them in small claims court. You can sue them for the amount of the bill and late charges. However, since you admit to owing that amount, you would most likely still have to pay that amount even if you won. Now, with respect to the late charge, you can probably get Verizon to remove that from your bill without going to court.The law does not, however, allow you to recover punitive damages or emotional distress. Emotional distress in court cases is when, for example, something happens to damage a person to the point where they have to seek therapy, for example. In contract cases, emotional distress damages are not recoverable. What a plaintiff can recover is the amount of monetary damage that they suffered to the plaintiff's actions.Please let me know if you have any follow-up questions.
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