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ScottyMacEsq
ScottyMacEsq, Attorney
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Experience:  Licensed Texas General Practice Attorney
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I worked most of it out, she offered me $300 to give the buyer

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I worked most of it out, she offered me $300 to give the buyer the tickets so she didn't have to fly out here, so I did. She has not sent me my money and is no longer replying to email.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about that. To the extent that there was a modification to the original agreement (in that she offered you $300 extra to put it in the name of the other person) that was a new contract. You could sue in small claims court if she does not pay. But of course you would want to try to exhaust all other methods before doing so.

ScottyMacEsq :

Send a demand letter demanding payment within 30 days, otherwise you will pursue legal action against her, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the unpaid amount agreed upon.

ScottyMacEsq :

If you were to sue, you could probably sue in your county, as that would be the county where the services and goods were transferred (assuming that this all took place in your county).

ScottyMacEsq :

But again, I would threaten everything, etc... before you do that, because it could be much more difficult in actually recovering a judgment against her, and it would be easier to recover from her voluntarily.

ScottyMacEsq :

You could use terms like "fraudulent inducement" and "fraud", and threaten to file a complaint about her and her organization to the police and the attorney general.

Customer:

She emailed me that she would send me the money, so that is a written contract she cannot go back on, correct?

ScottyMacEsq :

They probably wouldn't do anything, but the threat might be enough to cause her to comply with that.

ScottyMacEsq :

Yes. If it was a "I will give you X to do Y", and you did not have a preexisting obligation to do Y, once you accept and actually do Y, she owes you X. If she doesn't give you X, that's breach.

ScottyMacEsq :

And if she never intended to give you X in the first place, that would be fraud.

Customer:

Perfect.

ScottyMacEsq :

Again, I would use steadily escalating communications to her indicating your intention to utilize any and all options at your disposal to get this money that she agreed to pay additionally. Hopefully she will pay without you having to actually follow through with those threats.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12107
Experience: Licensed Texas General Practice Attorney
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