QUESTION

Do I have grounds to sue the company?

Asked on Apr 24th, 2017 on Litigation - California
More details to this question:
I booked a hotel stay through www.hotels.com. I canceled and they sent me a refund email. I checked my bank statement and they issued my refund and then took the money away again. I spoke with my bank to make sure what I thought was right. I sent hotels.com my bank statements and they are saying the refund was given and there is nothing else they can do. Yes the refund was issued but they took the money back! They won't help me any further. I have all of our email conversations along with the reservation I booked and the cancelation and my bank statements! Can I sue them and if so, how?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Yes. Hotels.com, L.P. is qualified to do business in California. So you can sue them here and not in Texas. If the claim is less than $10,000.00, you can sue in small claims court for a $75.00 filing fee and with no lawyers on either side. If you win, the judgment will include the filing fee and the fee of the process server to formally deliver the complaint to Hotels.com. You might try sending them a letter on letterhead and with a signature, enclosing copies of your bank statements and emails, and stating a deadline for them to respond, at least one week, not more than two. The court will want to see a "demand," and a letter will look more formal and serious than a bunch of emails. The other side might suspect that there is an attorney lurking in the background and bump the letter up to someone who will have enough sense and authority to pay you. Good luck. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Apr 25th, 2017 at 1:18 PM

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