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what are our chances in small claims court?

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C

ckaffka

Guest
my daughter (lives in arkansas) decided to purchase a vehicle from an individual, pending receipt of her federal tax refund. she filed the instant refund method, got part of the money back ($1,000) and paid it (in cash) to the individual as down payment on said vehicle with the intention of paying the rest when she got the remainder of the refund; however, there was some problem with the refund and she was told that she had to return the $1,000 to irs. she has asked this individual several times to return the money so that she can return it to irs, but the lady refuses to do so. one time the lady told my daughter that she would have to keep part of the money to pay her car insurance; the next time she stated that she would have to talk to her husband first; and the final discussion my daughter had with the lady's husband was that she had until the end of this month to pay the balance on the vehicle, or he was keeping her $1,000. needless to say, without the refund, my daughter cannot afford to purchase the vehicle.

what are my daughter's chances of getting her $1,000 back if she takes this matter to small claims court? no legal papers were signed by my daugher binding her to a sale. the only thing involved is a receipt from the owner of the vehicle stating that the $1,000 is for down payment on said vehicle. i might add that the individual informed my daugther in the beginning that if she didn't purchase the vehicle, she would just keep it and drive it herself, so we don't feel that she has kept her from making another sale. and as far as car insurance goes, there is a lien on the vehicle, so the owner would have had to carry insurance regardless.
 



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