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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33554
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I attempted to purchase a car out of state. I live in

Customer Question

Hello! I attempted to purchase a car out of state. I live in Colorado and the car was in Philadelphia at a dealer. I submitted $1500 down payment. $500 was on my credit card and the remaining $1000 was in form of a cashiers check. The transaction did not happen so I asked for return of my down payment. they returned my $500but did not return my $1000. I have been asking for my money since the end of November and they keep telling me they are going to write me a check and mail to me. Well nothing has happened. I have emailed, text and left vm. What are my options to obtain my $1000?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

There are really only a couple of options, assuming that they don't voluntarily give it to you.

The first step is to talk to wherever issued the certified check and to see if they can "stop payment" on it. While that isn't really the same thing as it is when you stop payment on a personal check the effect is the same. If you obtained the certified check at the bank they can sometimes stop it from going through or reverse it if it has been cashed.

If that isn't an option then the only other step is to sue them. Unfortunately, you're going to have to sue them in Philadelphia in one way or another unless you know of assets that they have in CO and which you can seize if awarded a judgment there in CO.

You can sue them yourself in small claims court or you can hire a lawyer to sue them. If you sue them yourself then you have to attend every hearing that the court has whereas if you hire lawyer to sue them then you only have to attend the final hearing (possibly) and you can also sue to recover your attorney's fees as well as the amount you are owed.

Please ask any follow up questions in this thread.

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