Can I sue a gas station for short change?

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Can I sue a gas station for short change?

I gave them $40; I bought a 12 pack of beer and $20 on pump 1. She gave me couple dollars back but I realized that i was $5.90 short. I told her and she called a manager and he went to check the tape. He came back and he wasn’t sure. So he told me he will count the register after shift and that he will call me and let me know. He has not call me at all. It’s been 2 days now and he keeps ignoring me. I wonder if that is what they do on a regular basis. Please let me know if anything could be done to sue them for negligence, lack of good treatment, etc.

Asked on July 18, 2013 under Business Law, Indiana

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

It sounds like you could sue for breach of contract or negligence. But the real question is:  should you sue?

If you sue them, you will pay hundreds of dollars out of your pocket for filing fees and spend many hours on your case (that's assuming you are not also paying a lawyer to represent you). If you win (and you might not), the judge would probably award you . . . $5.90.

Assuming there is not more to your story, it is probably not worth it to pursue this claim in court. I suggest that you keep contacting the manager until you get your money back.


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