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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33554
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Over three months ago I made a cash deposit of $800.00 to an

Customer Question

Over three months ago I made a cash deposit of $800.00 to an ATM in a Fred Meyer store.The machine malfunctioned and closed on the cash. I was able to pull three $100.00 bills but the rest went into machine. I show receipt saying I was making cash deposit and machine malfunctioned. I called and talked to a representative and money was put into my account. Two weeks later they took it back.
I went to my bank, Chase, who said films didn't show me there. I filed complaint and paperwork to see films. They then said they hadn't been able to get films since the ATM was an independent contractor. I went to Fred Meyer and they tried to access data but it only shows my feet. I have paperwork from the store I did this. Then bank said I had to file police report to access files so I did that, also kept paperwork. They just keep putting me off because they know I don't have money for an attorney. What else can I do I really need the $500.00.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

If you can't afford an attorney then the only other option you have is to sue whatever party is responsible in small claims court. You aren't required to have an attorney there but it is likely that the corporation(s) you sue will have attorneys so you need to be prepared for that.

A lawsuit generally follows this process:

1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce their's.

8) The judge renders a judgment and a written order is entered.

That is the basic process of a lawsuit.

If you are going to represent yourself you may want to pick up a good book on doing so. I always recommend the one at this site since it is both inexpensive and very good.

Expert:  Dwayne B. replied 1 year ago.

For some reason the post I just made posted as coming from you rather than from me so I redid it below.

A lawsuit generally follows this process:

1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce their's.

8) The judge renders a judgment and a written order is entered.

That is the basic process of a lawsuit.

If you are going to represent yourself you may want to pick up a good book on doing so. I always recommend the one at this site since it is both inexpensive and very good.

Expert:  Dwayne B. replied 1 year ago.

It still isn't posting correctly, but the answer is correct no matter how it shows up.

Oregon also has some specific instructions on filing in small claims court for their courts at http://courts.oregon.gov/Washington/Services/Civil/pages/small_claims.aspx

While that is specifically for Washington County, it works the same across the state.

Again, I'd recommend that if you do decide to proceed with a small claims case that you pick up the ebook at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-small-claims-court/

That website also has e-books for sale on discovery and legal research

Customer: replied 1 year ago.
Is there no banking commission or something to report? No other resorts but to sue which would costs over the $500.00 I have lost?
Expert:  Dwayne B. replied 1 year ago.

You can report them at http://www.cbs.state.or.us/dfcs/complaint.html but I have never heard of the agency actually helping anyone recover money in a dispute. Usually they just look into whether any rules or regulations have been broken and issue appropriate sanctions but that's it.

You can certainly try that route but it takes a while.

As far as how much it costs to file, you can recover those amounts and it should be less than $500 to sue in small claims court although the exact amount varies from county to county.

Customer: replied 1 year ago.
I've done small claims before. Is there other amounts I can charge? For example my landlord didn't give back deposits and since it was over a month I had a right to double which was another $1500. So they get away with keeping my money for almost four months and all the time I have put into getting it back so far and then I have to sue and I only get back the $500.00?
Expert:  Dwayne B. replied 1 year ago.

The landlord issue has a specific statutory provision which allows for the extra damages and there isn't one like that for this situation so all you could recover for would be the money, the costs, and the interest on the money. Potentially you could also recover additional damages if their failure to deposit the money caused checks to bounce, extra fees to be incurred, etc. but it would only be the amounts that you actually incurred.

You could ask for punitive damages but they are rarely awarded for things like this and the amount you could get is entirely dependent on the judge or jury.

Customer: replied 1 year ago.
When you said you had answers basically all you had was small claims court. There s no way other than that to get my money back. Why would you charge $47.00 dollars if that was all you had? By the way small claims court does not allow attorneys on either side and you must do mediation first. Why act like you had anything. Big disapointment
Expert:  Dwayne B. replied 1 year ago.

I didn't place a price on the question, I responded to the question at the price you set.

I also answered the question you asked "What else can I do I really need the $500.00.", I didn't "act" like I had anything. The answer I gave is the only answer that is correct especially as you noted that you "really needed the money" and small claims court is the fastest way to resolve the issue since the complaint through the state agency will take a while, isn't known for getting damages, and will almost certainly still put you back in the same position you are at right now.

Also, attorneys are allowed in small claims court, they just have to ask special permission which is usually done when a corporation is involved. As to mediation, there is no state requirement that a case be mediated prior to a trial. Individual judges can require that but there are also ways to avoid it.

If you choose not to pay that is entirely your decision, I answered the questions you asked, including the follow up, explained the issues you were going to face, and that's all I can do, other than to answer any other follow up questions you have, which I will still be available for.