Need help on money owed

What is the name of your state? TEXAS
Hi I need some advice. I was going to buy a truck from someone and deposited them 2K. Anyway, I later found out that the truck had a salvaged title and apparently they didn't know and said they would return my money. I got a paper signed form the other party stating they received the money as well as my receipt when I deposit the money in their business account. I also have an e-mail stating they are going to return the money in payments which I refuse to agree since this was not a loan. I don't want to be a bad guy, but they have been lying to me telling me they are going to give me the money back and this has been carried out for more than a month now. I even opened a bank in their same bank for them not to have any excuse, and now they want to return it in payments. I advised them to get me the money form a relative, friend or credit card and have given them a week or would seek leagal action.undefined I believe I got a strong case, is this correct?
Thanks, Joe

Joe:

You're talking about $2K right? Why not draft an agreement to be repaid in installments over a reasonable period of time. The expense required to hire an attorney might just offset a substantial amount of the money owed.

Another alternative, just take him to small claims.

John, The point here is that they are going to do the same, they are not even responding to my e-mails. I will probably take another month for them to agree on something. the option of small claims court might work. How do I do that? do I just go to court and tell them mi situation? Thanks, Joe

Joe222 said:

How do I do that? do I just go to court and tell them mi situation? Thanks, Joe

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No. In my experience, the clerks would rather die than hear everybody's story as they come through the court system.

Just go into the courthouse, go to the Small Claims Dept., ask for the paperwork, which will cost a small fee ($12 here) and fill it out.

Be sure to make like three or four copies, and the clerk will stamp one or two for you, file one with the court and set up a date for you. It is your responsibility at that point to have the other party served. Or you can have the clerk send a copy Certified Mail for another small fee ($8 here).

Then prepare your case as best you can, and present it to the judge on your appointed date.

Hope that was accurate. This has been the extent of my personal experience.
Gryn

Joe222 said:

the option of small claims court might work. How do I do that? do I just go to court and tell them mi situation?

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Here is the ACCURATE response:

First, you need to send the other party a 'demand letter' (by certified RRR) stating the facts and POLITELY making a demand for the money claimed. Include that if they don't pay within a set time (5 business days), you will pursue legal action.

In the meantime, contact the small claims court where the seller LIVES. Tell them you want to file a small claims case against someone and ask them to mail (or if close, go by and get) a 'claims packet'. This is created by each court and normally includes a blank form and a sample form. Fill out the complaint form (names, addresses, claim made, summarize details, etc.). A good sample form (Denton County) can be found at:
http://dentoncounty.com/dept/jp2/Forms/doc1.pdf

If they don't repay you off the demand letter, then take your filled out form to the court and pay the fee. The filing fee is usually between $10 and $20. You will also have to pay a 'service fee' to the constable. This is set by the county and ranges from $50 to as much as $110 (in Dallas County).

For more on the process of small claims in Texas, go to: http://dentoncounty.com/dept/main.asp?Dept=38&Link=629
or
You can go to a local bookstore or library and get "How to Win in Small Claims Court in Texas". The latest is 2nd edition. It is an excellent, easy read on how to pursue your claim.

JETX:

As always, another informative post.

Guy/Gals,
Thanks for all the help. They have not deposited any money yet and will proceed as advised if they don't do it by friday. I appreciate all the help.
Best Regards, Joe