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NYS Small Claims Court Question

YallYall Registered User regular
edited December 2007 in Help / Advice Forum
I recently placed a deposit ($450.00 - via check) with an RV rental company to rent an RV for New Years eve.

I called 29 days prior to the pickup to cancel the reservation and request some or all of my deposit be returned.

The owner left a message stating he would only refund if he is able to rent the RV given that I called on "short notice".

I never received any documents stating the deposit was non refundable, nor did he ever state this.

If he won't give me most or all of the deposit back, and I take him to small claims court, will I have a case?

https://steamcommunity.com/id/Yall/
Yall on

Posts

  • Dropping LoadsDropping Loads Registered User regular
    edited December 2007
    I do not live in New York and I am not a lawyer, (California and chemist, respectively), but I have found myself in a similar situation to the one you are in. Other than the obvious advice of talking to a lawyer, the main thing to do is to be in the position where the other party has to sue you to get the money. Have they cashed the deposit check? Maybe you can get it canceled or voided. Then the effort to recoup losses is on their side, and they have to be evaluating their case instead of you. Truck rental companies have a reputation for being shady, but double check the contract you signed first. I would cancel the check, myself.

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