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Getting return of deposit

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duffyz

Junior Member
What is the name of your state (only U.S. law)? NY

Hi. I signed a contract with a oil heat supplier and installer corporation in January and paid $2500 deposit at the contract signing. After several cancellations by the installer I asked for my deposit back and eventually I was promised a check in 7 days. Naturally it never came. I contacted NYS Consumer Protection Board who sent a letter of inquiry to the business three weeks ago. I spoke with the CPB rep today and she told me that there has been no response from the business and the next step by them would be a second letter. At this point I am assuming that there will be no response again as the CPB has no "teeth". I am trying to avoid small claims court as I had one experience there many years ago and I know that trying to collect a judgement can be an exercise in frustration. I want to contact the state attorney general but I wonder what the odds are that I will get any from them other than direction to small claims court. Also, if I may, would it be worth my while to hire an attorney to handle this should the AG pass on it.

Thank you in advance for your time.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY

Hi. I signed a contract with a oil heat supplier and installer corporation in January and paid $2500 deposit at the contract signing. After several cancellations by the installer I asked for my deposit back and eventually I was promised a check in 7 days. Naturally it never came. I contacted NYS Consumer Protection Board who sent a letter of inquiry to the business three weeks ago. I spoke with the CPB rep today and she told me that there has been no response from the business and the next step by them would be a second letter. At this point I am assuming that there will be no response again as the CPB has no "teeth". I am trying to avoid small claims court as I had one experience there many years ago and I know that trying to collect a judgement can be an exercise in frustration. I want to contact the state attorney general but I wonder what the odds are that I will get any from them other than direction to small claims court. Also, if I may, would it be worth my while to hire an attorney to handle this should the AG pass on it.

Thank you in advance for your time.
You didn't ask a question.

But, the answer is: Sue the bad guy in small claims court.
 

duffyz

Junior Member
Actually I asked two questions

The first was what anyone's opinion is on whether the State Attorney General would take the case and two, whether is would be worth my while to hire an attorney to formally sue for breach of contract. Additionally, I specifically stated I wished to avoid small claims court if at all possible since collecting a judgment is so dicey. "Sue the bad guy in court" is neither clever nor helpful to me.
 

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