I think that I have to sue an out-of-state company in their home state; if so, will they have to refund me the cost of travel, hotel, and lost wages if I win?

Question Details:

I live in CO Intuit and the company in question is in CA. It won't refund me $157.26. Must I travel to CAto go to court? Is it small claim's court? Must the company refund me cost of travel, hotel, and lost wages? Can I sue, etc for a minimum amount of triple damages? Details: a company sold me a 1-year web design service plan in 07/09. Their employee lied and said that I can cancel the plan for a refund any time in the first 12 months. In 10/09, I canceled the plan, but the company said that the plan is non-refundable after the first 30 days. $157.26 is the prorated amount they owe me.

Asked 11/18/2009 under Business | 195 View(s) | More Legal Topics

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Business Law Answers

The amount of  money that you are seeking to collect is within the small claims jurisdictional amount.  the amount is very small and will cost you more money to go to the state to try the case than walking away.  if you file a lawsuit in CA, you will have to show up at court for the trial, unless you are abel to settle the case in advance.  if you file the claim in CO, you will have a problem enforcing the judgment becasue the company likely does not have any assets in CO, but rather CA.  thus, you will have to domesticate the judgment in CA to then enforce it.  you will spend more time and money domesticating the judgment that what you seek to collect.  there seems to be no basis for your to get double or tripple damages unless you can prove at trial that the company is committing fraud on consumers.  I suggest that you file a small claims court complaint in CA and try to settle it shor tof a trial.

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