Legal Question in Credit and Debt Law in Florida

Small claims against duplicate payment

In the month of September 2002, I have shipped my laptop to one company in Florida by UPS for right side hinge repair. Before this I had couple of e-mail exchange with company owner who asked me to pay $65 for labour and part and $15 for return UPS shipping. So, I enclosed a personal check of $80 along with laptop. The check was written in favour of ''company name - owner name''.

So, after couple of days, i called the owner to inquire the status of my laptop repair and he asked that I have send the check on wrong name, so please pay $80 by paypal and he will return the check with my laptop package.

So, I paid him $80 by paypal on 09/18/2002. After couple of days he called at my home and said that the laptop is ready but unfortunately we put lot many effort to repiar, so please send me extrat $20 for this exta effort. So, immediately I paid him $20 on 09/21/2002 by paypal.

And next week I received my laptop, but he did not returned my personal check. And I also forgot to collect that check from he and also forgot to ask my bank for stop payment.

Then recently, on 01/07/2003 Robert Mowe deposited that check and withdrawed $80.

So, please, guide me what should I do to get my extra $80 back.


Asked on 2/25/03, 5:10 pm

2 Answers from Attorneys
George Savage George S. Savage, P.A.

Re: Small claims against duplicate payment

Unfortunately, you need to get the money back. Send a letter to him with the facts as you described and demand he return the money or you reserve your rights to go after him and the company for breach of agreement, conversion, civil theft, and other claims.

If you need a local attorney to send the letter, you can contact my office.

Best of luck.

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Answered on 2/25/03, 5:40 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Small claims against duplicate payment

you can proceed against this person/company in small claims court for his breach of contract and/or unjust enrichment. you can first proceed to see if he will settle your claim based on your facts thru a letter of demand. if that does not work, then you can proceed to file a small claims action against him for breach of contract, fraud, misrepresentation, conversion, etc...in which the court should award you punitive damages and court costs along with your compensatory damages, based on your facts thus far. if you would like further assistance, email me today and i may be able to draft a demand letter on your behalf.

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Answered on 2/25/03, 5:52 pm


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