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Kristygirl122 · Jan 28, 2011, 04:16 PM

I am fighting with a friend that owes me money of 200.00 I am on ssrdi I was going to buy a car from him I gave him a deposit he never gave me the money he gave me promises the car is junk I wanted my money back I found a car that is not crappy and in great condition the man got ticked at me when I asked for my deposit back I never gotten a receipt or a bill of promisary sale. I told him I used my ssrdi check to give him the money the man told me I will pay and never did .

He stiffed me for 2 months gave me lies after lies and lying to me more and more every day he told me he has to wait until his wife gets paid can I file a civil suit on him he thinks this is funny he made smart comments to me like I am a tard things like that I feel that I could kick his arse for it but what is it worth . I can sue and get my money back . Honest got tossed out the window a long time ago I never believe anyone any more any ideas on how to get my money back warnings letters or something please help me??

AK lawyer · Jan 29, 2011, 07:30 AM

Originally Posted by Kristygirl122

... I can sue and get my money back . ... any more any ideas on how to get my money back warnings letters or something please help me ?????????????????????????????

No, don't bother with any more warning letters. Fish or cut bait. Either sue or forget it.

Fr_Chuck · Jan 29, 2011, 08:26 AM

First do you have the car ? You said it was crap??

If you bought a car from him, gave him a down payment, what payments were you to pay him??

But yes, if you gave him the deposit or down payment and he did not give you the car or your money back, you sue him.

If you got the car, and will not finish paying him, he sues you.

Kristygirl122 · Jan 29, 2011, 03:09 PM

No I gave him a deposit on the car I changed my mind on getting the car . I called him many times to let him know that I changed my mind and wanted my money back! Can I sue him for my deposit?

Kristygirl122 · Jan 29, 2011, 03:11 PM

That is what I was asking thanks for being truthful and honest. I will take this to court thank you so much for the good advice!

Kristygirl122 · Jan 29, 2011, 03:15 PM

The next thing is how do I go about sueing ? Do I have to go to their local courts in their county or can I file at my court house I know his address and name and number and where he works at can I get the courts to serve him papers or must I serve him the papers myself . And is it costly to go to court for small claims?
Will I lose out my 200.00 or will I get it back ?

Also if I get the constable to serve it how much does that cost? I am from Pa any ideas or should I send it threw a certified letter ? What is the best way to go?

AK lawyer · Jan 29, 2011, 03:45 PM

Originally Posted by Kristygirl122

Ino i gave him a deposit on the car i changed my mind on getting the car ...

Ah. You changed your mind? That might change things. I was assuming that you were ready to complete the purchase and he failed to perform.He might say that the deposit was to protect him should you do just that, change your mind.

Originally Posted by Kristygirl122

The next thing is how do i go about sueing ? do i have to go to their local courts in their county or can i file at my court house ...

Not sure. Check here.
In the "jurisdiction and venue" section, I don't see any restriction requiring you to sue the defendant only where he is. It appears you can sue him where you are.

Originally Posted by Kristygirl122

... can i get the courts to serve him papers or must i serve him the papers my self ... Also if i get the constable to serve it how much does that cost? ...

No, you can't serve the process yourself.

Fr_Chuck · Jan 29, 2011, 09:17 PM

Normally the court action will take place in the jurisdiction where the business deal took place, so did you go to him and pay him the money, or did he come to you and you give him the money.
** or did you mail it to him.

No you can not do the service yourself, they will do it,
Filing for small claims court is normally less than 100 dollars.

** I will say this, if you gave him the 200 dollars as a deposit ( to hold the car) and he is willing to sell it, you don't get your money back, it is his to keep since you backed out on the car deal.

If you were buying my truck, and gave me 200 dollars, and then changed your mind, no you would not get the 200 back from me either ( except I would have had that on a receipt you would have gotten.)

But you can try, but my honest opinion is that you will lose.