Legal Question in Credit and Debt Law in California
my wireless company lost 2 of my payments in one month one was returnedthe other not.. because both payments were missing my service was off constantly and they wanted me to pay a thirdtime for my service to be turned on again so i switched services, nowthey want a early cancellation fee which i feel i should pay because it was their fault that i had to switch.. my question is, is this a reason to sue in small claims? they have continuously denied my return payment along with it. i want my payment returned and the early cancellation fee to be credited.
2 Answers from Attorneys
Save the envelope(s) in which the payment(s) was/were returned. Every small claims court has a small claims advisor's office which is available to help you with your small claims action. It is definitely a matter you can pursue in the small claims court.
Pick up a complaint package at your local small claims court, and go to see the small claims court advisor with your documentation, i.e., your bills and the returned payment(s). The advisor will help you craft your small claims complaint.
Google the County in Which you live followed by Superior Court. Then, look for your local small claims court. Usually, the telephone number for the small claims advisor is right on the website for the court's contact information. Feel free to contact me if you need any help.
Lost payments, particularly ones that seem to be caused by your mailing errors since one was returned to you, are not grounds to cancel a wireless contract.
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