Car restoration gone wrong

[hmwi]

My jurisdiction is: Texas

We took our 1969 Road Runner to a local shop here in East Texas for some restoration work to be done. We gave the owner approximately $6,500.00 for the work to be done. Approximately $700.00 of the work had be done before the owner committed suicide. His family tried to take everything that was in the shop. We were able to retrieve our car and most of of parts. However, he still owed us approximately $5,700.00 for work undone. My question is, is there any chance that we can recoup our money, or if not, can we at least file a theft charge on our income taxes? Or, can we file a small claims case against the guy's family? Would appreciate any help we can get. Thanks.

 

[dee_dub]

Without knowing how his business was set up and what the family did, it's impossible to say exactly. However, you are owed the money (or the work). If the business was an LLC, the owner's death doesn't change its existence, and you are owed by the corp. If the business wasn't incorporated, you are owed the money by the guy's estate. You are a creditor of the estate, and his executor is required by law to repay you.

Figure out who to name - the business or the estate, and send them a letter demanding repayment by a specific deadline and stating you will take legal action if it's not met. If it's not met, commence an action in small claims court.

I'm not sure why or how you would "file a theft charge on your income taxes".

 

[hmwi]

Thanks for your input. In reference to the income tax question, a friend of mine made that suggestion, hadn't really checked in to that option.