Award plaque for my sons advance music performance $68 was taken from my debit card.
1) have you contacted your bank when it occurred? 2) have you demanded the money from the company? 3) have you contatced Better Business Bureau? 4) Is it local? Your last option would be to file a claim in small claims court, but that is a pricey way of going after $68.
Mention this posting if you call and we will provide a telephone consultation at NO charge.
J. Garry Rooney
Attorney at Law
Rooney & Rooney, P.A.
2145 14th Avenue, Suite 20
Vero Beach, FL 32960
(772) 778 5400
(772) 778 5290 (fax)
The filing fee for a small claims case alone would be $55.00, and then you have to pay $10 for the summons and the sheriff charges $40.00 to serve the process.
It is true that the court costs will be assessed against the defendant if you win the case, but then you still have to go out and collect the money. A money judgment for damages is not enforceable as though it was child support or alimony. A money judgment simply establishes that a debt is owed and the amount of the debt. Then it is up to you to levy on property or garnish bank accounts, and the fees vary. In my county, the sheriff would require you to pay $2,000.00 up front to levy on a motor vehicle!
It is also true that the costs you put up to execute on the judgment you get from the proceeds, but once again, the burden is on you to locate the assets and pay to levy/garnish.
Here is a hint, though. You know where the money went via the debit card withdrawal. IF you go the distance and prosecute the case, you have a leg up on knowing what bank to garnish to get your funds and court costs.
Having said that--there is also the possibility that the company is out of business, or has closed its account, or has changed its name. Your time is worth something also.
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