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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111682
Experience:  Attorney experienced in commercial litigation.
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I sold furniture to someone. She paid by credit card

Customer Question

I sold furniture to someone. She paid for it by credit card and then said that she did not authorize the credit card charge. The credit card company refunded her charges(did chargeback/gave her money back). Now she has the furniture and the money, $13,500. I have to sue her to get the money. What form do I use for Civil Court for this case?
Thanks
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only
First, did you file a dispute with the credit card company and provide proof of the sale?
Second, this is not a small claim case if that is what you are thinking, so are you a corporation, LLC or S-corporation?
Customer: replied 1 year ago.
corporation
Customer: replied 1 year ago.
Los Angeles superior civil court
Customer: replied 1 year ago.
Which form
Customer: replied 1 year ago.
what is crime called
Customer: replied 1 year ago.
filing form number for the motion
Perhaps it is not a crime, I am suing her for my loss?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Under CA law, this is a limited civil action in superior court, as small claims court has a $10,000 limit. While the owner of a corporation can represent the corporation in small claims court, the same is not true for superior court. A corporation is an entity that can sue and be sued on its own as it is considered a separate legal person from the owners/shareholders and as such must be represented by an attorney licensed to practice law in CA. The representation of the corporation by an owner/shareholder in court other than small claims would be unauthorized practice of law.
So, you would need to hire an attorney to sue to recover the money from her if you have not first filed an appeal with the credit card company to appeal their charge back. Here are the forms (http://www.courts.ca.gov/forms.htm?filter=CO) but if you file for the corporation they will have to dismiss it as it was not filed by an attorney for the corporation.
Additionally, this can also be considered theft by fraud and you can file a complaint with the police as well, since she took the furniture and then did the charge back and would not return the furniture.
Customer: replied 1 year ago.
The amount being $13,500., how can the corporation recoup the entire amount in small claims court?
Customer: replied 1 year ago.
I cna represent the corp in sm cl court?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you could have recovered the whole amount in small claims I would have told you that instead of having to tell you that the corporation has to get an attorney. The maximum limit in small claims is $10,000 and you cannot break up the amounts into multiple suits to get the whole $13,500 I am afraid. This is called a limited civil action for breach of contract/fraud, it has to go to superior court civil division, not small claims I am afraid.
Yes you could represent the corporation in small claims, but this is not a small claim I am afraid.
You still can file your appeal to the charge back and also file criminal charges for theft by fraud and you do not need an attorney for either of those actions, which you should try before getting an attorney to sue.
Customer: replied 1 year ago.
If you could have recovered the whole amount in small claims I would have told you that instead of having to tell you that the corporation has to get an attorney. The maximum limit in small claims is $10,000 and you cannot break up the amounts into multiple suits to get the whole $13,500 I am afraid. This is called a limited civil action for breach of contract/fraud, it has to go to superior court civil division, not small claims I am afraid.So I would like to represent the corporation in small claims.
If I sue for $10,000. can I go to small claims court? What is the limit? How do we go to small claims court and ask for $13,500.
So re the appeal w cr card co what is the proceedure for that? There are 2 parties involved, the cr card co and the cr card processor. Who do I appeal to?
RE file criminal charges for theft by fraud, we went to police dept to try to file a police report and they said it was civil not criminal because of lack of proof of intent.
Customer: replied 1 year ago.
What is the form # ***** fill out for small claims court? Is it just for damages and there is no particular form,just the standard?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, you could sue for $10,000 in small claims and that would be the most you could get back, so you would be out the $3,500 and could not claim that later.
As I said above, the total limit you could sue for in small claims is $10,000, nothing more. Here is the small claims form to file: http://www.courts.ca.gov/documents/sc100.pdf, but you need to reconsider this action just because you do not want to use a lawyer, because if you prove fraud in court you can get the court to award you damages plus attorney's fees.
You would need to contact your card processor, look in your contract regarding filing disputes over charge backs and you need to file a written appeal with your attached documentation showing that she took delivery on the purchase.
RE the police, they were making an excuse about lack of intent, when she did the charge back and did not return the furniture, that is proof of intent. You need to go to the DA's office with your evidence and speak to the DA about criminal charges.

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