Q: A holding fee that was issued to me but then after being deposited in my bank account they put a stop payment on it
I became ill and backed out of the application and they refunded me the holding fee but then turned around and put a stop payment on it. I can't find anywhere on their application site when it says once approved I forfeit the holding fee and I've been in corresponding with her I told her that she couldn't provide me with the information on that I would take them to small claims they put me in the hole and I don't believe this is fair what can I do?
A:
In this situation, the key issue is whether the holding fee was rightfully yours to keep under the terms of the agreement. If the terms of the holding fee were not clearly defined or if you did not agree to forfeit the fee upon approval, you may have grounds to dispute the stop payment.
It's important to gather all documentation related to this transaction, including any communication with the company and proof of the stop payment. If the company cannot provide a valid reason or contractual basis for issuing a stop payment, you may consider taking legal action.
Small claims court is an option for resolving such disputes, especially if the amount involved is within the monetary limits set by the court. Before proceeding, it might be beneficial to send a formal demand letter to the company, outlining your position and the action you expect them to take.
If the issue remains unresolved, filing a claim in small claims court can be a straightforward process, and you typically do not need a lawyer. However, understanding the small claims process and preparing your case effectively will be crucial for a successful outcome.
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