- Jurisdiction
- New York
I currently reside in New York, I have submitted initial payment to online Guarantor company to secure an apartment in the city. Receipt from the company states after application gets rejected for 3 times, they will provide refund immediately for the initial payment that was submitted.
On Sep 28th, the initial payment was paid. (have documentation)
On Oct 26th, 3rd application was rejected. (on email)
On Nov 20th, one of the agents informed the refund was sent via mail. (on email)
On Nov 20th, the same agent informed the refund was sent via USPS pre-paid label that I provided (on email, I did this to make sure I get to track the refund check)
On Dec 6th, one of the other agents informed the refund is being processed.
The reason why I am planning to go through small claims is because (1) simply they do not respond as I have been trying to contact them several times a day. I only get response once in ten days after I started asking for refund (2) now it's very much apparent that they never processed refund and they are not thinking about refunding as well (3) it appears that they either blocked my cell phone number or have noted it since they only pick up the phone when I try a third person's phone (I've been doing that since they started not getting my calls)
I live in NY and all the applications (services being rendered for the money that I pay) have been submitted in NY apartments. Meanwhile, their office is in California while they provide services all of US since 99% of services rendered can be processed online.
I have done a small claims in the past but that was within local dispute with local business. But the location of their office raises my question.
First question, in this case, do I submit the case at Small Claims court in California or New York?
Second question, if I have to submit this in California, I know I can submit the corresponding documents over mail but if I need to walk in to court, it will incur travel costs. Can I include the estimated travel costs to the total amount being claimed?
Thank you very much in advance.
On Sep 28th, the initial payment was paid. (have documentation)
On Oct 26th, 3rd application was rejected. (on email)
On Nov 20th, one of the agents informed the refund was sent via mail. (on email)
On Nov 20th, the same agent informed the refund was sent via USPS pre-paid label that I provided (on email, I did this to make sure I get to track the refund check)
On Dec 6th, one of the other agents informed the refund is being processed.
The reason why I am planning to go through small claims is because (1) simply they do not respond as I have been trying to contact them several times a day. I only get response once in ten days after I started asking for refund (2) now it's very much apparent that they never processed refund and they are not thinking about refunding as well (3) it appears that they either blocked my cell phone number or have noted it since they only pick up the phone when I try a third person's phone (I've been doing that since they started not getting my calls)
I live in NY and all the applications (services being rendered for the money that I pay) have been submitted in NY apartments. Meanwhile, their office is in California while they provide services all of US since 99% of services rendered can be processed online.
I have done a small claims in the past but that was within local dispute with local business. But the location of their office raises my question.
First question, in this case, do I submit the case at Small Claims court in California or New York?
Second question, if I have to submit this in California, I know I can submit the corresponding documents over mail but if I need to walk in to court, it will incur travel costs. Can I include the estimated travel costs to the total amount being claimed?
Thank you very much in advance.