Can I retrieve my money back from a company that had deducted money from my account without consent?

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Can I retrieve my money back from a company that had deducted money from my account without consent?

I did a one time charge with this company for their services. A year later, de to technology difficulties realized they had been illegally deducting funds from my account. I thought I would be receiving a refund but so far almost 6 months later nothing. Is there any thing I can do? Have I waited too long?

Asked on May 10, 2017 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You sue them--that's how you recover money that they improperly took (e.g was not authorized; was not for goods or services you actually received). Suing is the *only* way to get your money back. If they are in your county and the amount is less than the limit for small claims court, suing in small claims, as your own attorney ("pro se") is an excellent option: not only will it save money, but small claims court is faster than other courts. If they are out your county--and certainly if they are out-of-state--you will have to sue in regular county court (small claims court lacks power over non-local defendants) which can be expensive and difficult; unless you are talking thousands of dollars, it would not be worthwhile.


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