Do I have a case for small claims to collect a refund for an overcharged bill?

UPDATED: Oct 1, 2022

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Do I have a case for small claims to collect a refund for an overcharged bill?

I rented a car for two days . Rented at 2pm on 2/8/18 and returned it on 2/10/18 a little before 2pm after business hours which the rental car placed closed at 1pm that day. I was supposed to return it by 2pm on 2/10/18 according to the rental agreement and according to what the person told me that worked there at the car rental place. A witness was with me at the time, which was a person that worked at the auto mechanic shop where my own car was being repaired. The mechanic shop was aware of where I rented the vehicle from and the mechanic shop staff were the ones that drove me to and from the rental shop to pickup and return the rental vehicle. It is not certain if the witness seen me drop the rental car keys in the after hours drop-box. This information of the keys being dropped off can be investigated if needed. The car rental place has it in their database that the rental car was rented for four days instead of two. It shows the rental car being returned 2/12/18 which is incorrect. I discovered this overcharge on my credit card when I checked my credit card account to make payment on 2/28/18. I brought this overcharged bill to the car rental place’s attention on 2/28/18. The car rental employee that told me to return the rental car by 2pm on 2/10/18 was the same one that I brought this overcharged bill attention to. He stated that because the account is closed, the manager will have to contact me. That was this past Wednesday on 2/28/18 I was told this. I gave the car rental place two days to respond and on 3/2/18, I spoke to the same employee before that stated the manager will contact me . This time the employee stated the manager had been off work and would contact me that day on 3/2/18. I was not going to continue the pursuit of contact in this manner with them with no progress appearing to be made. I stated to the employee , ‘ the next contact made by me may be via legal action’. Afterwards, as the day continued , still, no response from that rental car place nor the day after I contacted them. I do not know if there will be a refund for the two days overcharge, is this a case for small claims?

Asked on March 7, 2018 under Business Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, you appear to have a case: they may not charge you for more than you agreed to pay or for longer than you in fact had the car. Since they have no right to more money than that, if they don't return it voluntarily, you can sue for its return. You would bring the documentation and witnesses you mention in your question to court, to prove your case.

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