Neighbor offered to sell me a washer & dryer 500.00. I gave the neighbor $160.00 down payment, three days later neighbor comes back and said my family does not want to sell it and I have to go to the bank to get your money to give it to. Fast forward 3 months later neighbor has only given me half of the money back and after asking repeatedly for the rest have got nothing. Is this a case of theft by deception or is this something I can go to small claims court.

It is not theft. I never heard of theft by deception. But this is breach of contract. And yes you can sue for the unreturned money.

By the way theft is a criminal issue, not civil.

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Originally Posted by ScottGem

It is not theft. I never heard of theft by deception. But this is breach of contract. And yes you can sue for the unreturned money.

By the way theft is a criminal issue, not civil.

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Thanks, I was just not sure of the category it would fall under, because I thought it was theft since the money was not returned. I will head over the court house this week and file my documents. I will let you know what happens.

I would give him one more chance. Give him a letter stating that, if he doesn't return the money within 5 days, you will be forced to file a lawsuit.

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Originally Posted by ScottGem

I would give him one more chance. Give him a letter stating that, if he doesn't return the money within 5 days, you will be forced to file a lawsuit.

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I sent a letter regular mail and certified about 3 weeks ago and no response, so I will just go to the court house and file my paper. Do I need to make a report with the police department anyway.

No, This is not a criminal case.

No, this is not criminal, so no police, it is civil, you just go sue them in court.