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If there is doubt, call the court and ask to have your case postponed (reason: possible settlement). If it does clear and everything is okay, call the court and let them know you settled out of court. if you have done all your prep and you can get him on the phone, you might say "you need to pay me $X extra in costs otherwise see you on monday" ... if he doesnt show up you should get a judgment against him. is it a business or somebody judgment proof, are we talking $20 or $500 etc.
entry=39006 2005-08-04 I wrote several letters and even complained on BBB but nothing worked. The manager was a dick, and kept saying "refund denied." They had some other guy giving me a lengthy apology apologizing. They gave me a full refund with 2 free nights at Holiday Inn Express. I learned my lesson: talking and complaining is a waste of time. Postpone your court date, make sure the check clears, then call the court up to say they settled. you might have to make some compromises but it will take a lot less of your time and you can "move on" without it hanging over your head. in fact there is some chance if it is a company that has long/repeat customer relationships, they will throw yo a bone. obviously you have to normally keep sane and cant ask for the person who pissed you off to be asked to lick your ball or somesuch. a big part of the court system are practical issues designed to bring trials to an end and a specific conclusion and not to end up in jardyce v jarndyce land. entry=33294 I booked Holiday Inn on the internet and on the day that I checked in they gave me a smoking room. They didn't have anything else, but I couldn't take the room because of serious asthma (I ended up going to a nearby B&B place). After talking to the managers and the corporate HQ they still refused to give me a refund, I filed the complaint to BBB. BBB returned saying that they can't help us, and that I should try one of the four choices: -Small Claims Court Santa Clara County -State Contractors Board -Consumer Affairs State of California -District Attorney of Santa Clara County Which choice is the best? The rest of you STFU, because you don't know squat about the statutes involved or basic Tort. B) You don't know what statutes apply to the case, C) You don't know if the situation involved actually violates the rule of law, D) You don't know in what situations that rule of law should be upheld. Ergo, you cannot make a summary judgement of whether or not the OP should or should not receive due compensation. If you told them you require a NS room when you made the reservation or they promised one, you have a much better case. Cal provides ASL interpreters for lectures, but if a deaf student doesn't give them warning ahead of time, they're SOL. If there are lots of rooms available, a canceled reservation charge is not covering any actual damages. If there are no other vacancies, as this sounds like, then be reserving and then canceling, you *did* cause damages in the form of a reserved but unused room. It's too bad that it is for you, and you should be reponsible for getting message acrossed to those who handles your hotel room. If the hotel can not or will not cater to your needs or wants, they the hotel needs to inform you of this in a timely fashion. If the hotel tells you at the last minute that they can not fulfill your request, that's bad faith. entry=39006 entry=33294 Hello I'm the guy who tried everything to get my money back from Holiday Inn where they charged me $140 even though I returned the cardkey within an hour. I filed small claims 2 months ago and the court date is 9-12-2005. Today, I just got a call from Holiday Inn asking me to call them back. If they give you your $140 (or more) you've saved yourself a lot of trouble. One thing they always ask you in court is if you tried to settle out of court first. entry=33294 I booked Holiday Inn on the internet and on the day that I checked in the y gave me a smoking room. They didn't have anything else, but I couldn't take the room because of serious asthma (I ended up going to a nearby B &B place). After talking to the managers and the corporate HQ they still refused to give me a refund, I filed the complaint to BBB. BBB returned saying that they can't help us, and that I should try one of the four c hoices: -Small Claims Court Santa Clara County -State Contractors Board -Consumer Affairs State of California -District Attorney of Santa Clara County Which choice is the best? The rest of you STFU, because you don't know squat about the statutes involved or basic Tort. B) You don't know what statutes apply to the case, C) You don't know if the situation inv olved actually violates the rule of law, D) You don't know in what situa tions that rule of law should be upheld. Ergo, you cannot make a summary judgement of whether or not the OP should or should not receive due com pensation. If you told them you require a NS room when you made the rese rvation or they promised one, you have a much better case. Cal provides ASL interpreters for lectures, but if a deaf student doesn't give them w arning ahead of time, they're SOL. If there are lots of rooms available, a canceled reservation charge is not covering any actual damages. If th ere are no other vacancies, as this sounds like, then be reserving and t hen canceling, you *did* cause damages in the form of a reserved but unu sed room. It's too bad that it is for you, and you should be reponsible for getting message acrossed to those who handles your hotel room. If th e hotel can not or will not cater to your needs or wants, they the hotel needs to inform you of this in a timely fashion. If the hotel tells you at the last minute that they can not fulfill your request, that's bad f aith.
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