How can I get my deposit returned
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How can I get my deposit returned
Over 6 months ago I made a deposit of 2,500 cash for a product to be fabricated
with a verbal delivery time of 3 to 4 weeks.Its been over 6 months and I have not
received the product. How long do I have to wait to get my deposit back.
Asked on May 7, 2018 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The way to get the money back--the only way to get the money back--is through a lawsuit. You could sue the vendor for "breach of contract"--for violating the agreement (whether written or oral; "oral," by the way, not "verbal," is the correct term for an unwritten contract) according to which they would fabricate something for you within 3 - 4 weeks. If the company is an LLC or corporation, you sue the company; otherwise (e.g. it was a sole proprietorship), you sue the owner personally. Suing in small claims court is a good option for $2,500; if you placed the order in your own name, you could be your own attorney ("pro se") to save legal fees. If you placed the order through an LLC or corporation you own, you likely need an attorney: as a general rule, only lawyers can represent LLCs and corporations, but check your state's small claims court rules--some states make an exception and let small cases be brought by a corporate/LLC owner.
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