Momentum Direct Tried to refund money with hot check Magnolia Texas

Initially, I ordered a free trial of diet pills from Momentum Direct, and I never received the order, so after about 1 1/2 weeks without seeing the order, I called them to let them know. They told me when I called to let them know that they also started billing me monthly, that in order for them to not start monthly billing, that I should have sent the bottle back in order to get it stopped; well, I didn't receive the bottle, so I had nothing to send in to them.

I was billed the monthly charge, and another random charge that they could not explain. I called them numerous times (about 15), and the same gentleman always answered, and told me the same thing, "that he would forward the information over to that department"; I got mad, and eventually got a number for his supervisor, I left at least 3 messages with all of my information for him to call me back. I also printed out all 5 of the e-mails that I had sent them, and faxed all of those into their company.

Through all of this, I never once received a call, or e-mail, from this company. A few weeks later, I received a check in the mail for the $108.88 that they owed me that was taken out of my account. This check has since been returned, and that $108.88 has now been taken out of my account, along with a $10 charge for it from my bank.

Since I was not aware that this was going to happen on my account, I had a check that I wrote come out after that, and had a $25 charge come out for a nsf fee, b/c I didn't have enough to cover my check after the $108.88 came out. My boss wants me to take the company to small claims court, b/c after all of this, I don't know what else to do.

I have never had to do that before, so I don't know the procedure. I thought you had to file in the county that the business resides, but I would be out money, if I had to go there to take care of this. Please help! Is there anything else I can do to get my money?

Laura
San Angelo, Texas
U.S.A.