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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16370
Experience:  Licensed Texas General Practice Attorney
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I bought a golf cart from a man and it is not working. He and

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I bought a golf cart from a man and it is not working. He and I have been going back and forth for a month and a half. he tells me he is coming to get it and he is clearly putting it off and never comes. I want to either replace the cart or get my money back. How can I go about doing that?

RGMacEsq :

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

RGMacEsq :

I'm sorry to hear about your situation. What is the amount that you paid for this golf cart?

Customer:

2550 in cash. This man also has a record: I have attached.

RGMacEsq :

Are the crimes that he has a record for based on fraud, embezzlement, or any other fraud related crimes?

Customer:

He keeps telling me through calls, texts and emails that he is coming, but then he does not come and gives and excuse. I wrotehim a threatening email and he was furious...well I m also.

Customer:

Here is his record:

Customer:

Offender Name: JOHN SANDERS


Arrested On: 02/12/2013


Booking ID: 2013-00000915


Charge: DETAINER 0 0 0


Arrested By: Florence County Sheriffs Office


Age: 37


Address: 219 GREEN ACRES ROAD, FLORENCE, SC 29505


Sex: MALE (M)


Race: white (w)



Arrest Status: RELEASED



Mugshots.com ID: 33343200


Race: WHITE (W)


Gender: MALE (M)


Age: 37


Address: 219 GREEN ACRES ROAD Florence, SC 29505


Arresting Agency: Florence County Sheriffs Office


Booking Date: 11/26/2012 at 19:39


Release Date: 11/28/2012 at 12:39


Charges:



  • DUS / DRIVING UNDER SUSPENSION, LICENSE NOT SUSPENDED FOR DUI - 1ST OFFENSE

  • OPERATING UNINSURED MOTOR VEHICLE - 1ST OFFENSE

  • TRAFFIC / OPERATING OR PERMITTING OPERATION OF VEHICLE WHICH IS NOT REGISTERED AND LICENSED.

  • TRAFFIC / USE OF LICENSE PLATE OTHER THAN FOR VEHICLE WHICH ISSUED


Address: 219 Green Acres Road, Florence, SC 29505, USA


Mugshots.com ID:(NNN) NNN-NNNN/p>

Race: WHITE (W)


Gender: MALE (M)


Age: 36


Address: 207 S ERVIN STREET DARLINGTON, SC 29532


Arresting Agency: Florence City Police Department


Booking Date: 1/03/2012 at 01:46


Release Date: 1/10/2012 at 17:05


Charges:

Customer:

I think he may be scared if we get tough. I have tried being nice over and over and over again.

RGMacEsq :

The fact that he has a "record" is not, in and of itself, relevant unless the charges are of a fraudulent nature. So traffic laws, etc... won't necessarily be relevant, but if there were something on the record that dealt with fraud, that could give a reasonable inference of fraud in this situation as well.

Customer:

When I bought the cart, I told him it must be "road ready"...he said it was. It was not. Further, there is something wrong with the cart in that it will not hold the battery charge.

RGMacEsq :

Now since the amount in controversy is under $5,000, you can sue in small claims court, which is better than a court of general jurisdiction (which would be subject to more formal rules of pleading, procedure, and evidence).

Customer:

I did not find anything relating to fraud.

RGMacEsq :

Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you paid or a replacement vehicle.l

RGMacEsq :

Before you file a small claims action, though, send a demand letter demanding payment within 30 days, otherwise you will pursue legal action against him, 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 a refund or replacement.

Customer:

I called the police..in Florence, SC...they said to go to my local police department.

RGMacEsq :

Again, without there being anything in his record relating to fraud, the fact that he has a criminal record is not very relevant in this situation. A lot of people have criminal records, and that does not make breaches of contract criminal.

Customer:

Should I hire an attorney to call him first?

RGMacEsq :

Unless there's some evidence to indicate fraud, the police almost certainly wouldn't do anything. I'd be willing to bet there's a 95% chance that they'll say that this is a "civil matter" and won't get involved.

RGMacEsq :

As for getting an attorney, without a written contract that specifies attorneys fees, you would probably pay more than you would recover.

RGMacEsq :

(if you were to hire an attorney to sue)

Customer:

okay. Thanks.

RGMacEsq :

Now you could have an attorney send the demand letter, but that would cost a couple hundred dollars, and it probably would not have much more of an impact than if you were to send it.

RGMacEsq :

My pleasure.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 good luck to you!

Customer:

Believe it or not he just called me..he is on the phone.

Customer:

what should i say?

RGMacEsq :

I would give him an ultimatum, that if he doesn't give you a refund or a replacement within X days (the time is up to you as to what is reasonable) you're going to start the legal process. Let him know you don't want to, but he's forcing your hand. You want to have a good experience with him, but are not so certain that he will abide by his contract.

Customer:

Okay....thanks. Let me see what he says...can you hang on a minute? He put me on hold. He is a real SOB

RGMacEsq :

I can wait a few minutes, but there are other customers waiting, and I only get credit for questions asked and answered, not how long I spend on a question. That is, I get paid "less" the longer I spend on a single question...

Customer:

okay,thanks...he says he is coming tomorrow. If he doesn't i will write a letter. Thanks for being so helpful.

RGMacEsq :

My pleasure.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 good luck to you!

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