What to do if my cell phone provider didn’t return my deposit as per my request?

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What to do if my cell phone provider didn’t return my deposit as per my request?

When I started my service with my cell phone provider I put down a $400 deposit. This week was my 1 year with the company. The last time I spoke with a customer service representative, I was told that I had options for getting my deposit refunded. One was a rebate card, another was to be sent a check, and the last was to have my bill paid with the balance. I requested to have a check sent to me. This week I got a check for $43 and the rest was added to my account which was not delinquent and was not due for a couple days. I feel like they took my money and paid themselves without my permission, and then sent me back what was left. My thing is that I gave them $400 and I wanted cash back, not for them to just spend my money how they saw fit. I’m really upset and feel like this is not right. I’m willing to take this to court if this is a worthy case.

Asked on July 25, 2011 Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could file a lawsuit for breach of contract against the cell phone provider for failure to return your deposit.  You could file your lawsuit in Small Claims Court.  Your damages (the amount of compensation you are seeking to recover in your lawsuit) would include the $400 plus court costs.  Court costs would include the court filing fee and process server fee.


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