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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3607
Experience:  30 years of experience
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I have a friend that needed to rent a nail gun from Home

Customer Question

I have a friend that needed to rent a nail gun from Home Depot. He had cash on him of 50 dollars but they wanted a credit card. The one he had threw Wal-Mart they wouldn't use so I used mine. I took the 50 in cash in good faith he would return it. Long story short. I am being charged 136 dollars every two weeks. I have contact him via text, calls and fb. Asking for the return info because he an his wife say it was returned. They have not contacted me back expect to give excuses. I found out via home dept. That it would not stop until I pay another 546 dollars. The contract is in his name but the payment is coming out of my account. Do I have a case in small claims?
Submitted: 9 months ago.
Category: Legal
Expert:  Gerald, Esq replied 9 months 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.

Yes. You have an action against your friend for breaching your implied or expressed agreement that he would timely return the nail gun and obtain a receipt of its return. His failure to do either one is the cause of your loss.

But I must forewarn you that you will have to invest your time, enerrgy and resources to succeed in both the suit and the collection of the judgment when you win. Often times people obtain a judgment and then have difficulty in collecting on it. So please keep that in mind as you move forward.

The clerk of the Court will have the forms that you need to file. This link also has useful information for you:

http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf

I hope the information I provide is useful to you. 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.

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Good luck.

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.

Kind regards,

Gerald