QUESTION
Can I file a lawsuit when I had already filed a dispute with my bank?
Asked on Aug 23rd, 2012 on Entertainment Law - California
More details to this question:
I bought 2 concert tickets from a company in Feb. The concert was supposed to be held in May but then they canceled the concert. Most of the people had their refund back. But the other girl and I didn't get the refund until now (August). Since June, the company has been giving us excuses. They said they had deposited the money to us but we never get it. They said they had mailed out a check (with tracking number), but the tracking number never worked and we didn't get anything in our mail. Most of the time no one picked up the call in the office and no one were in the office. I had called the bank in July for the dispute and the bank said it will take 90 days for them to contact the other bank and investigate. I just wonder at this moment, can the other girl and I file a lawsuit (small claim court) against the company (when I had already filed a dispute with my bank)?
2 ANSWERS
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
Yes, you may.
Answered on Aug 27th, 2012 at 3:45 PM
Susan Marie Basko
You were finally repaid for the tickets, right? On what basis would you be suing? You must have a legally acceptable cause of action (basis) on which to sue. Since you have been repaid, I don't think you would have a cause of action. With tickets, usually all you are entitled to is a refund, not any sort of emotional damages. Even if you did have a cause of action and won, the damages would be so minimal. And even if you won, it sounds as if the company most likely has gone bankrupt or has no money to pay. If they had money to pay, they most likely would have sent your refund in a timely manner. Lawsuits are expensive to conduct, and they take a lot of time and effort. Lawsuits are also very taxing emotionally. The minimal amount of money to be had, if any, would not likely be worth the expense and hassle of a lawsuit. My suggestion is that you take your refund money and go see a show at a reliable venue. Have fun. If you still want to explore whether you would have a cause of action, consult with a lawyer in your state.
Answered on Aug 24th, 2012 at 1:45 AM