I had a verbal agreement with a manufacturer to create a product for me. We agreed I would pay half of the money at the moment of beginning production and the other half when the product is delivered. I have text messages and emails that back up our relationship but we never signed a contract.
After sending the first $12k and waiting for months, he says he cannot finish the product because he does not have any money. I refused to send him more money and I now believe that he never had the ability to manufacture what he promised. I cancelled the order and he told me he would refund me once he is able to finish the product and sell them to someone else. What can I / should I do in order to recoup my $12k? He is not answering to my last couple of emails. What legal actions can I take? We are in different states. If I hire professional help, should my lawyer be license in my state or where he lives? Thank you very much. Any help is appreciated.
1 Answer from Attorneys
You should retain a lawyer in Florida, absent any emails stating that disputes would be resolved in a different state. You might want to start with a formal civil theft letter under Florida law, which, if he does refund your money, would entitle you to three times the amounts owed, plus costs and attorney fees. If he did not respond to the letter, you should sue him in Florida.
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