Q: I am owed around $5k from a business in Montana, but I live in California. How do I take them to court?
I paid $5000 to a business in MT for a trip, I had to cancel the trip over 6 months out. I was told I would get all my money back if I canceled before 90 days of the trip. It has been 6 months of checks lost in the mail and then waiting for them to PayPal me the money back. They are now ignoring my calls and emails. I think I need to file with small claims court, how do I do that?
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A:
To take the Montana business to small claims court, you’ll first need to determine the appropriate jurisdiction. Since the business is located in Montana, you may need to file the claim in Montana’s small claims court. However, sometimes you can file in California if the business has sufficient connections to your state. It’s a good idea to check the specific rules for both states to see where your case fits best.
Gather all your documentation, including your contract, proof of payment, cancellation communication, and any evidence of your attempts to get a refund. This information will support your case and make the process smoother. You may also want to send a formal demand letter to the business, outlining your claim and giving them a final chance to resolve the issue before going to court.
Once you’ve decided where to file, visit the small claims court’s website or office to get the necessary forms and instructions. There will be a filing fee, which varies by state, so be prepared for that expense. After filing, you’ll receive a court date where you can present your case. Make sure to attend all scheduled hearings and be clear and concise when explaining your situation to the judge.
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