Legal Question in Civil Litigation in Tennessee
How to get a deposit back
I had a horse on trial and left a
cashier's check for $4250 pending a
vet check which the horse did not pass
and was shipped back and owner was
to mail the deposit back per agreement.
Now she does not return phone calls
and she has my money. Now what?
2 Answers from Attorneys
Re: How to get a deposit back
If you have written documentation that shows the terms of the agreement, review it to see if there are provisions for the return of your deposit. Make sure you have followed those provisions. If you have nothing in writing or there are no return terms, then do as attorney Noelle suggested. You might also consider talking to the prosecutor as there might be a criminal violation.
Re: How to get a deposit back
Send a certified letter stating all the relevant information, like the date of the agreement, the terms of the agreement, how much your deposit was, why you rejected the horse (if you got any documents from the vet showing the horse didn't pass, include those with your letter), and how you are now entitled to the return of your deposit. Tell them if they don't return your deposit within 10 days, you will be forced to bring a claim against them in a court of law. If you have any attorneys in your area that specialize in animal law (esp. horses), call them for help. Contact your bar association for a name.
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