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YOu want to sue them for return of your deposit for not performing the contract. I suggest you do this immediately to try to get a judgment and to levy on their assets. If the rumors are true they may file bankruptcy and you would then have to wait a lot longer.
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Is there any chance we could push for fraud charges. I know we could be awarded 3x the amount of damages for fraud.
can we sue for more than the $16k that they are holding? I know that if we hire an attorney we will spend a good portion of this just to take them to court. I am also looking at ways to try to settle this out of court. If I could threaten fraud suit, I think that I could get a better response from them.
To be clear, I am not trying to get more than they owe us. I just want to find some leverage to make it more benificial for them to settle out of court.
There is nothing that says you will not tell him that you will include a fraud claim in the complaint which you can do. Whether you will win on that is questionable but you can allege it.
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