How can I get myformer employerto pay me a depositthat it owes me?

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How can I get myformer employerto pay me a depositthat it owes me?

A company I worked for had us give a deposit for a computer and now is saying they paid me the deposit back, but it has not. It is not denying that I was owed a deposit but is saying that when I turned in my computer it wrote me a check out then, and then went and cashed it and brought back change (not sure why I would bring it change back). I asked to see a copy of what it was saying I signed when I turned it in and also for a copy of the canceled check. I have my receipt from turning in the computer. What can I do to get it to either show me its “proof” or get my money from them?

Asked on August 4, 2011 Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to sue the company if they won't voluntarily give you back the money. Once you sue them, you will have access to certain tools, called "discovery," to force them to provide certain information or documentation to you. (Note: if you're contemplating suing in small claims court, check the rules first; sometimes you cannot get discovery in small claims court--the court clerk can help you understand this, or direct you to where you can get the information.) Note that because you will be the plaintiff--the party initiating the suit--you will have to prove your case by a prepondence of the evidence; that is, more evidence than not will have to establish that you are entitled to the information. If you cannot prove you case by more evidence than not, you will lose and not recover the money.


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