I need to file a small claim for a business located in Tustin, CA. This company has been jiggling me around for months saying that it will give me a refund of $5,400 dollars because I decided not to do the program and get my deposit back. They said the refund would be back by 02/09/12 and now it is the middle of April and I still haven't received it. The problem is I live in Maryland. I assume I have to file the claim in CA. Does that mean that I have to fly to CA from Maryland to attend the court case or is there another way that I can file the claim and get my money back from CA?
State/Country relating to Question: Maryland
I have sent several emails. I have all receipts with them saying they will refund the money. I have called them personally, and all I get is "the money is coming," but it never does come.
Dear JACUSTOMER - If there was a trial you would have to attend since no one else can testify on your behalf. You do not have to go to CA to file the case as that can be done by mail by sending the forms to the court. You can obtain the forms from the court by mail or possibly on line if the court has a website. I will tell you that it is not an easy process when you are an out of state plaintiff, especially if the defendant is represented by counsel. the first thing that will happen is the case will get removed to the general court system and the attorney will file all sorts of pre trial motions etc. making your task all the more difficult. Depending on the judge you may be required to attend pre trial conferences in person which attorneys refer to as "homering" or giving the home town attorney an advantage and it is used against out of town attorneys as well.
I'm not telling you not to sue but just be aware of the obstacles ahead of you in the process.
One question - How do I know the right court to file the claim with in Tustin, CA?
You would need to file in the county court system that covers Tustin. I have included the website below for Tustin and it has phone numbers you can call to find out what Small Claims court covers that area and i assume they could provide the address and phone number.
25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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