Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
What planet are you from ? what drugs are you on ?
try a $4000 retainer before they even write down your name and number.
Quote:
Originally Posted by ss20ts
I didn't say you could get a lawyer for $50 everywhere did I? Nope. In many areas you simply cannot. I live in a rural area and there are no $50 consultation lawyers here.
Who said a retainer is paid for the consultation? If you want to use the lawyer to file a suit, then you are giving them a retainer. Many won't discuss much without a retainer.
I get the feeling you two have no idea what a "consultation" means.
Skip the lawyer, keep all your docs, file in small claims. I'm assuming you have no written contract as you never mentioned it. Absent a written contract and when parties disagree as to the terms (when the sale was to be completed and what would happen to the deposit if not completed), the judge would rule status quo, to restore both parties to original status which means you'll get you money back. Getting it paid is another story but they'll have a judgment against them and most folks wouldn't take that hit on their credit for a $500 they basically stole anyway. Don't "learn a lesson" as others have suggested; fight for what is yours and win.
I've done it and people's demeanor change quick once they get served. I bet he rolls over and pays you as soon as you have him served.
Judges are usually reasonable people, especially in small claims. If you have presented your story accurately, I can't see a judge ruling against you.
Collecting isn't that difficult unless he is truly broke. If he endorsed the check you wrote, you should have his bank account number on the cancelled check. You can use that number to attempt to claim against that account once you have a judgement.
Assuming you still have the emails and something to back up your claim, I'd take him to small claims court. If you lose you're out another $170; if you win you'll get back the $170 plus $500. You'll also lose the time involved, but I'd guess it would be worth something to you just for the principle. As long as he made you wait, he could have given you another week, considering he had your deposit.
As a landlord I've had to take a handful of former tenants to court to collect back rent, etc. I've always won, but as others have pointed out, winning doesn't get the cash back in your hands. With me that's always been the problem. If the tenants had money to pay me after the judgement, they'd have likely paid the rent on time. But if this guy lives in a nice house and seems to have some worth, collecting shouldn't be that hard. If he refuses to pay you, for a small additional cost (passed to on to him), you can get his paycheck. Collecting a judgement from the average Joe with a little money is pretty easy.
He had that check deposited as soon as I got off the phone.
All good advice. Thanks all.
A prompt phone call from you would have gotten to your bank sooner than his deposited check did.
If this were me and I knew I'd realistically recover only a fraction after factoring in my own time spent and court costs and collection costs, I'd still do my damnedest to see that he doesn't get the benefit of that $500 either.
Why would you go on a vacation in the middle of a business transaction? I know you said you were in no hurry but you had to expect the transaction to complete sometimes soon right? So he finally gets all the paperwork straightened out and then you tell the guy "Hey, I'm on vacation. I'll deal with you later". Sure he didn't have the right to cash the check but what if he had other folks calling about the car with cash in hand? You expected him to turn other people away in the hopes that you might come back and buy the car sometimes after your vacation? What if he needed the money right away? What if he had to take out a loan to pay off the car so he could sell it to you? Just sayin.
I've seen enough episodes of The Peoples Court to know that unless you had a written contract that stated your agreement then it's all meaningless. You could tell the judge whatever you want and the defendant can do that same but in the end if there isn't anything written down then it means nothing.
I still say do the small claims court route. If nothing else, it will inconvenience the guy because he will have to take his day to show up, and if he doesn't show you get a default judgement. If he is a homeowner or has other assets, put a lien against them.
Too many of us roll over when bad things are done to us, that is why people think they can get away with doing it. I will spend $100 to get $50 back because of the principle involved. You can't simply let people ********* and turn the other cheek. Plus, it is a great feeling when you stand up for yourself.
Sue the lowlife !
Don
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
