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1. The police won't help you, they'll tell you "This is a civil matter."
2. Small claims where you are will have a limit of at least $5000, more likely $7500, so no problem there.
3. You won't be able to recover attys fees or travel costs.
4. You will be able to recover filing fees (should be around $35) and the cost for getting him served, if you win the case. Although you should look on the court website or the info packet you get with small claims for free or low cost service through the sheriff or marshal. You don't want to spend $200 on a private server running the guy down, since you may never see it back. In other words, there's a diff between getting the costs added to the judgment, and actually recovering on the judgment. So, minimize the costs.
5. Technically you could argue for the difference in fair market value of the car, and the price you agreed to pay for it, as a damage for breach of contract. In that regard, it is helpful that he told you he sold it for more than he had agreed to sell it to you for. B/c typically establishing the "fair market value" is difficult and in court usually is done by expert testimony. But since he actually sold it for more, that would be a good measure of the true market value. So if you could prove that number, you might ask for it. My sense is that small claims judges like to "split the baby," and won't give you those damages. The theory being the return of your $500 makes you whole, puts you in the position you were in before the contract.
6. You could try suing where you live, on the theory that that is where the contract was entered into or was to be performed. But that may or may not fly. The sure thing is to sue where he lives.
7. As a practical matter, you won't be able to go after his business. I assume the car was owned by him, personally, and you wrote the check out to him. So it is him, personally, that you have a contract with.
Last edited by McLovin; 03-31-2011 at 03:18 PM..
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