What to do if my neighbor fixes cars and was supposed to fix my car 10 months ago but to date still hasn’t done it?

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What to do if my neighbor fixes cars and was supposed to fix my car 10 months ago but to date still hasn’t done it?

My down deposit for getting the car fix was a start off of $300. My car isn’t fixed and I he refuses to return me my money. I have been very patient but it doesn’t seem like he is making any effort to return my money to me. If we had a verbal agreement about everything. Will that verbal agreement stand up in court?

Asked on December 20, 2012 under Bankruptcy Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A verbal agreement (more properly called an oral agreement) is legally enforceable; obviously, it can be more difficult to prove the existence of an oral agreement or its terms than with a written agreement, but assuming you can prove it (e.g. by testimony; by cancelled checks, which would corroborate that you made payment; etc.), you can enforce it. So if the neighbor has not performed under the agreement (not fixed the car), you could sue him for breach of contract and look to recover your deposit.


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