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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19876
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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Me and my mechanic went to buy a car from my coworker when

Customer Question

Me and my mechanic went to buy a car from my coworker when we get there the car didn't crank we all started trying to get it crank it started to rain so I gave him the money to hold in good faith i did not get keys or paperwork we return 3days later and try to crank the car and it still did not crank now my coworker don't want to return the money the car never left his yard or never received keys or paperwork what do i do
JA: What state are you in? It matters because laws vary by location.
Customer: Atlanta Ga
JA: Has anything been filed or reported?
Customer: No i was going in the morning to his house with my mechanic and demand my money and call the police
JA: Anything else you want the lawyer to know before I connect you?
Customer: No and thanks
Submitted: 14 days ago.
Category: Legal
Expert:  Marsha411JD replied 13 days ago.

Hello,

Thank you for the information, although I don't see that you have asked a legal question. I will assume, for now, that you are asking what your legal options are. I can tell you that it is highly unlikely that the police will help you with this issue. I say that because, for them, it is a civil, and not criminal, issue. Granted, if all of the facts could be proven in a court there could arguably be a criminal fraud or conversion charge, but that is not what the police know when they come to a call. They see two parties disagreeing over money and whether or not there was an agreement. That in turn, to them, makes it it civil issue and they have the option always to decline getting involved. They could, if they choose, at least talk to the guy and tell him he should work this out with you, but that is usually the most they will do.

That leaves your only real legal option if he refuses to give your money back and that is filing suit in small claims court. The process is fairly simply, you do not need an attorney, and you can get the forms from the court clerk in the County where this occurred. When you go to court, you simply explain your side of the story and have your mechanic with you to testify to what they know of the situation. If the court finds in your favor, they award you the money and any court costs and, sometimes, a bit for your time used in pursuing the case. If the other party still refuses to pay after you win in court, then you can go back to court and have the judge issue an order of garnishment and then you can take the funds either through his employer or his bank account.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above and also let me know I answered your question, then the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 12 days ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 8th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.