We had agreed to do business with a company approximately a year ago. Because of the economy, we decided to back out and now they will not return our deposit. Per their terms, if we fax a cancellation letter, then they will return the entire deposit. We faxed a cancellation letter the beginning of Dec 08. It has been over a month and they are now ignoring all calls and emails. I checked the BBB website and it informs me that their accreditation has been revoked as of 12-18-08. We are out of state. We are in SD and they are in CO. What are my options? Can we file a police report as well since we are not receiving any calls/emails back?

Quote:

---

Originally Posted by alsue

We had agreed to do business with a company approximately a year ago. Because of the economy, we decided to back out and now they will not return our deposit. Per their terms, if we fax a cancellation letter, then they will return the entire deposit. We faxed a cancellation letter the beginning of Dec 08. It has been over a month and they are now ignoring all calls and emails. I checked the BBB website and it informs me that their accreditation has been revoked as of 12-18-08. We are out of state. We are in SD and they are in CO. What are my options? Can we file a police report as well since we are not receiving any calls/emails back??

---

Appears to me to be a contract matter, a civil matter, not a criminal matter. The Police cannot force someone to pick up the phone or answer your calls and emails.

You could either go to CO and sue them there in Small Claims Court or retain an Attorney to sue in a superior court in CO. That's where the jurisdiction is. As the Defendant the Courts "usually" do not force them to travel to DEFEND a matter. The Courts DO force the Plaintiffs to travel to pursue the claim.

The maximum you can sue for in SCC, Colorado, is $7,500 the last time I checked.

Yes, not a criminal issue, nothing to call police about, you hire an attorney and sue them.

Also read the terms of the contract exactly