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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2849
Experience:  30 years of experience
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I have paid and Given a boat motor to someone to rebuild, he

Customer Question

I have paid and Given a boat motor to someone to rebuild, he has had it for over two months now. He will not respond to my messages or answer the phone, what can I do??
Thanks for any help.
Bon houle(###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
I need a bit more information before I can provide the information that you need.
Thank you.
Kind regards,
Gerald
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Can you tell me the value of the motor and the amount of money you have paid him?
Also what state is this in?
And finally, did you have a written or oral agreement?
Customer: replied 1 year ago.
Paid 1300
value of motor is 10000
State is mass
Written agreement
Expert:  Gerald, Esq replied 1 year ago.
Hello:
Thank you for the additional information.
This is a difficult situation. Normally I would refer you to the Small Claims Court procedures in order to pursue this. But the claims limit in Massachusetts is $7000.00. Here you need to sue for $11,300.00.
SO you need to sue in the Mass Trial Court. This is more complicated, and you would generally need an attorney to represent you. The problem for you is that most attorneys are not going to take the case for the amount of money at issue, and the fees they charge are high for this type of case.
The good news is that you can represent yourself and you appear to have a good situation since you have a written agreement.
The first step for you is to send a written demand letter to the mechanic for the return of your motor and money. In the letter state that he is in breach of your written agreement and that you demand return of your motor and money.
Send the letter so that you get proof that he received it. Either certified mail or FedEx. The advantage of Fed Ex is that many people try to avoid certified mail.
If you do not get a response from the letter the next step is to file and serve a summons and complaint in trial court.
Here are some resources that may help you with this, including forms.
http://www.mass.gov/courts/selfhelp/
http://www.mass.gov/courts/court-info/trial-court/
http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/smallclaims.html
One other possibility, if this person is a mechanic you may be able to get assistance from the State Attorney General office of Consumer Protection.
You can reach that office here:
http://www.mass.gov/ago/consumer-resources/filing-a-complaint-with-the-attorney-generals.html
I am sorry that there is not an easier simpler process. Unfortunately, the amount involved is in that difficult in between space. Start with the Attorney General's Office. Hopefully they will take some action on your behalf.
I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.
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Good luck,
Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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