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Can I file a suit against Kohl's for not returning money that does not belong to them?

This is an unusual situation. My mom asked me to make a payment in person for her at Conn's, I misunderstood her and thought she said Kohl's. I handed a cashier at Kohl's a folded up payment voucher (which I had not even looked at) and $52 cash. The Kohl's employee scanned the voucher and took the payment. She stapled the receipt to the voucher and I went on my way. A month later, Conn's is calling my mom about a missed payment. It was then I realized I made a mistake. I visited Kohl's and when they rescanned the barcode on the payment voucher, it turns out a Kohl's credit card member has the exact same account number my mom has at Conn's. They said corporate would mail a check to my mom, but she has yet to receive a check. This was the first week of February. We've made several calls and

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they keep telling us they will call us back or send a check, but they do not do either. I sent an email to the board of directors or an executive explaining what happened and asked to please resolve this matter and return the $52 to my mom immediately. I also told them it would be my last attempt to contact them directly before I pursue legal alternatives yet they have yet to respond. The email was sent on the 7th to directors@kohls.com. How can I pursue this and have my mother's money returned? I know $52 seems like a small amount, but no amount of money is too small just to give away to some large corporation. We just want her money back. The actual payment was made on 1/11/09
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Attorney answers (1)

Reputation Level 17
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

Your mother can sue, but the filing and citation fees wil be $90.00.

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