Legal Question in Civil Litigation in Florida

Getting a refund

My son put down $200 for a used car to his boss. We have a receipt for this amount. The car was never produced for inspection, and then my son was laid off. My son has repeatedly asked for his $200 back. And it has been approxiamtely 3 weeks now and we keep hearing ''I'll have it tomorrow'' and then there is a reason as to why he doens't have it or he just doesn't answer his phone. Any advice?


Asked on 12/10/07, 10:02 am

6 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Getting a refund

Whether he is entitled to a refund depends on the contract between the two of them. Was it a refundable deposit or nonrefundable? I bet there is nothing in writing so that presents a proof difficulty. Is he required to buy the car or not? Your options are few when there is only $200 at stake. Small claims court handles this type of dispute, but there is a filing fee and the process will take some time that might be better spent doing other things. I would keep bugging him.

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Answered on 12/10/07, 10:54 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Getting a refund

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If he refuses to pay the money back, then your son will have to sue him in summary procedure (small claims) court. There are forms to use at the courthouse or they can often be found online from the court's site. If he is successful, the court will also make the other party pay his court costs. Good luck.

Scott R. Jay, Esq.

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Answered on 12/10/07, 11:26 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Getting a refund

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If he refuses to pay the money back, then your son will have to sue him in summary procedure (small claims) court. There are forms to use at the courthouse or they can often be found online from the court's site. If he is successful, the court will also make the other party pay his court costs. Good luck.

Scott R. Jay, Esq.

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Answered on 12/10/07, 11:26 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Getting a refund

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If he refuses to pay the money back, then your son will have to sue him in summary procedure (small claims) court. There are forms to use at the courthouse or they can often be found online from the court's site. If he is successful, the court will also make the other party pay his court costs. Good luck.

Scott R. Jay, Esq.

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Answered on 12/10/07, 11:26 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Getting a refund

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If he refuses to pay the money back, then your son will have to sue him in summary procedure (small claims) court. There are forms to use at the courthouse or they can often be found online from the court's site. If he is successful, the court will also make the other party pay his court costs. Good luck.

Scott R. Jay, Esq.

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Answered on 12/10/07, 11:26 am
Johm Smith tom's

Re: Getting a refund

Sue in small claims court.

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Answered on 12/10/07, 2:59 pm


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