What shall I do ?

I have sent my $400 cell phone for repair to a company in NJ from california and the first time they sent me back the phone it worked for 2-3 days and again same problems fortunately they had this 90 days guarantee policy I sent them back the phone and they again sent me back the phone UN-TOUCHED and when I called them again about it they said its ok send us back the phone so I sent the phone to them for the third time and it's about a month I have not heard from them I hacve called them three times they have promised me a refund but still no action after 1.5 month.It seems like they have lost the phone or something.If I want to make a legal act what should I do?
Answers:
The only thing that is left to do is to keep calling them every day cursing their balls out. You can also take them to a small claims court where you live.

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just og legally.

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My first suggestion is to contact an attorney and see what the laws in your state provide. I would also look through your contracts with the cell phone provider and see what remedies you have under the contract.
Can I ask which provider this is?

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Did you get some verification from the post office and/or the company you sent the phone to?? You can find out the Better Business Bureau in the city or state of the company and tell them in writing what has occurred. Or find an Ombudsman in that state and have them go after the company. It is too expensive to sue out of state so try agitation by writing, calling every official of that company to complain about the service.
Spartawo...

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Sue them in small claims here in CA for the $$ spent on the phone and the money you spent trying to resolve this. To serve them with the papers, you need to get their address for doing business in California. You can find it by checking the California Secretary of State website and searching the database. You can get forms from the clerk at your local courthouse, but they cannot give you advice on how to complete the forms.
Good luck.

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I think my next step would be to send a certified letter to the company, first finding out who would be the senior most person to send it to. Once you get the return receipt back give the person 10 days to answer. If after that time you hear nothing, I would report the company to the Better Business Bureau. I have used them in the past and have had success. They check out the problem and contact the company. You will be kept informed of the things they are doing.