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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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i am seeking a refund amount of $1,795 from a business after we canceled w/them. i have already filed in small claims court and after the gentleman not signing nor going to the post office to pick up the certified letter contacted a lawyer the day before we were to appear in small claims. the gentleman was a know show bad appaerently knew what the certified letter was just was served properly. he filed a counter claim stateing i owe him a portion of the deposit amount based on the fact we cost hime time and income. i have 2 replies from the gentleman to the BBB informing them that he set up payment arrangements (which is Untrue) and he knows the money is owed to me just needs moe time. so now he is counter claiming. my question: do i have a chance in getting back my money?

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You can use the replies to the BBB as proof of an obligation to you. You will have the burden of proof to establish the amount of money that is owed and the fact an obligation is owed. In the small claims process you must articulate what is owed and why. You can call the gentleman as a witness and question him under oath about the obligation.


One other point. If the business is incorporated, the gentleman cannot represent the business. Only a sole proprietor can represent himself. What this means is that he may not be able to present a defense.


The answer if you properly prepare for the small claims hearing, can establish evidence to substantiate the debt and non payment then you will be able to get a judgment in your favor.


The court is without power to force a payment, but with a judgment you can proceed to collection.


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