Is there a MCOL / Small Claims Equivalent in the USA?

[anonymous-user]

And if so, can I use it as a non - US citizen?

I'll try to keep it brief, but basically, I ordered a car cover from a well known US brand to be delivered to my hotel while I was in NYC. Ordered and paid for on Tuesday 5th, paid for overnight delivery via FedEx to my hotel. After several days of 'package delayed' notifications I finally received an 'attempted delivery' email the following Monday, by which time I'm on a plane home.

The hotel rejected it as per my instructions and it's now on its way back to the supplier. However, I cannot get through on the phone and they are ignoring my emails. Typically the total amount comes in at £95 which I think precludes me from doing a chargeback on my credit card. I'm just trying to figure out if I have any other recourse or it's just going to be down to whether they are prepared to refund me the full amount? Their T&C's say that anything that is returned incurs a 20% handling fee, which I'm not very happy about paying.

Any advice gratefully received!

[Durzel]

You can still do a chargeback if it's under £100, it's just not as strong as the Section 75 provision in the Consumer Credit Act.

[anonymous-user]

Thank you!

[Zetec-S]

Judge Judy

[Pinkie15]

There is a small claims court procedure in NY state as me & a mate used it to (successfully) sue costs back for a car we bought that was rusted to fk.

However, this was 33 years ago, so can't remember the process and we were staying with my mate's cousin, so almost certainly used their address as correspondence address.

I do recall we attended hearing in person.

Good luck whatever way you play it.

[caziques]

Credit card company should do a chargeback, which the merchant can argue with if they want to. I doubt they will. Deal with the credit card company not the merchant.

[GCH]

Yes, there is here in NY. $15 fee for up to $1000 claim. New Yorkers can visit the courthouse, but there is an option for electronic filing too.
https://nycourts.gov/courts/nyc/smallclaims/starti...

Edit: Where is the business based? If it isn't in NY then you will have to find another state...from the FAQ:
"Where to Sue: Venue
A claimant must begin the lawsuit in the proper county. In general, a claimant can sue in the county where either party resides. If no party resides within the City, the action can be brought in the county where either party has employment or a business address. If the defendant does not have a residence, employment, or have a business address within the City of New York, you cannot bring the lawsuit in the Small Claims Court. To find the location in your county, click on Locations."


I agree with others though, your best bet is to do chargeback...I am fairly confident that Amex would side with you in those circumstances, but no idea what card you used.
Also, request a full tracking / delivery statement from FedEx - this should not only show the dates of despatch, and the tracking, but should clearly state 'delivery refused' too.

Edited by GCH on Sunday 15th May 01:32

[anonymous-user]

Thanks all, much appreciated, especially GCH again (I owe you a beer one day). Company is based in PA bit have agreed to a full refund now. Just waiting to see it land on my statement before I do anything else.