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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34837
Experience:  Attorney over 16 years, landlord 26 years
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I was overcharged for my rent by the hotel I live in. They

Customer Question

I was overcharged for my rent by the hotel I live in. They have been putting me off and refuse to send a fax to my card bank to negate a wrongful charge of $975.63 because it is pending, even though the correct charge of $799 has been paid and completed. Currently I am short $975.63 in my account because of their error and I asked them two weeks ago to correct this. They tell me every day to be patient and the charge will drop off, but I very much doubt their honesty.
Can I sue? And how would I go about suing them when I basically only have pocket money because of this ordeal? Please help.
Submitted: 6 months ago.
Category: Landlord-Tenant
Customer: replied 6 months ago.
I have repeatedly emailed the hotel manager asking who is the agent of service so that I can sue the hotel, and she has ignored every email. I never get an answer and she and the hotel accountant do not call me when they say they will. I believe I am being robbed of $975.63 by this business and I want to get my money back immediately.
Expert:  barristerinky replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If they have improperly charged you, that is a breach of the contract that you entered into. A charge back should only take a couple days at most.

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So your first step should be to dispute this with your credit card company (if you used a credit card) and get the charge put in dispute. If you used a debit card, contact your bank and dispute the charge..

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Then you can immediately file a small claims court suit against the hotel based on a breach of contract action. If you know the name of the hotel, you can contact the Sec of State's office and do a name search to find out the agent for service to serve a summons on. Once you get them served, they should immediately resolve this with you rather than being dragged into court, having to hire an attorney, and losing.

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thanks

Barrister

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