Originally Posted by
1PercentClub
If all those fail, yes. Right now I am dealing with a bank who ignored my good faith contacts, ADMITTED to breaking the law (in writing) after the governmental entities got involved, promised to refund me just under 10k (not counting damages), and then stopped communicating. Legal counsel sent a letter (cost me $175 that the bank now owes me) and they are still playing dead.
Gonna file in County Civil since its too high for small claims. I actually prefer County Civil and Circuit Court because the traditional rules of evidence apply and I can properly conduct discovery, etc. Sure, it's very tricky if you've never gone through the process but if you've sued/been sued a handful of times and do a bit of reading about the civil rules of procedure you'll be fine.
This case should be a slam dunk for the money they are holding hostage and actual damages. The only place where there is some room for discretion is in the punitive damages I'm going to ask for. I'm being very reasonable in asking for what is considered the minimum of $1,000 in punitive and not treble damages or any such nonsense.
I will say try to avoid court if you can especially if you've never gone through the process. You don't want to look like an unprepared, borderline vexatious litigant.
3 weeks now complaint.
recovered about 50%
in CA the small claims limit is 10K
can I add cost and damages/punitive?
primary motivation is to move my file from CS to legal dept to discuss.