Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation. You have two steps here.Challenge the Charge With the Credit Card Company
If you have not already done so, you may challenge the credit card charge with the company behind the credit card. This is done by simply calling the 800 number on the back of the card. The company will look to see if there was authorization from you for the charge (either by you swiping it, or, by them having a contract
that allows repeated charges). Assuming that they do not find this and the Levittown company cannot show such a contract, the charges may be reversed and then this matter will complete itself.Take Them to Small Claims Court
If a challenge to the credit card does not work, you may have no choice but to seek relief in small claims court. I am guessing that you are in Arizona because you state "have a great AZ. day." As such, please see here
for a quick overview of small claims court in AZ. AZ has jurisdiction over them in NY because they did business in AZ. AZ ST RCP R 4.2 (2003)
. You may sue for unjust enrichment
. In Arizona, five elements must be proved to make a case of unjust enrichment: (1) an enrichment; (2) an impoverishment; (3) a connection between the enrichment and the impoverishment; (4) absence of justification for the enrichment and the impoverishment and (5) an absence of a remedy provided by law. City of Sierra Vista v. Cochise Enter., Inc., 144 Ariz. 375, 381, 697 P.2d 1125, 1131 (App. 1984); Stapley v. American Bathtub Liners, Inc., 162 Ariz. 564, 568, 785 P.2d 84, 88 (App. 1989).
While normally used in contract matters, this may apply here.
The judgment may be domesticated in NY to be enforced if they do not pay.
Often, a letter threatening
suit may be enough for them to refund the money. Please, REPLY and let me know if you need a sample letter like this if you do.
Also, if you are not in AZ but are in NY, let me know as well.
I hope this helps and clarifies. Good luck.
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