If an auto warranty company failed to pay me a refund that they promised me over 9 months ago, am I able to take legal action against them?

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If an auto warranty company failed to pay me a refund that they promised me over 9 months ago, am I able to take legal action against them?

An auto warranty company agreed to refund money to me 10 months ago but have dragged their feet because I am asking them for an accounting of the fees that they are withholding from the refund. I have had to return 2 separate checks to them already because they went over the 60 day limit to cash or deposit them. I have called numerous times and they have said each time that the check is in the mail (obvious lie). This last time, about a month ago, I asked that they priority mail the check with a confirmation number so that I could track its progress. I have yet to receive the number or check.

Asked on October 31, 2011 under General Practice, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, if they owe you money for some reason--including pursuant to some agreement with you to pay the refund; or pursuant to the terms of the original agreement with them--and do not pay, you have the right to sue them. Once there is an agreement of any kind, it is enforceable; unfortunately, there is no one to enforce agreements like this for you, so you need to bring the lawsuit yourself. For smaller amounts, if the have  a local address, you can sue them in small claims court and act as your own attorney to save on legal expenses. However, if it's a relatively small amount (a few hundred dollars) and they are not local, you would need to sue in county court, which could cost more than you are seeking to recover.


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