Collection of refund issue

[JohnB]

I am seeking advice on the following, if possible:

I am a restoration contractor and am having difficulty collecting on a refund from a stone supplier. Said supplier initially accepted his terms of a 50% downpayment of $2300 for a stone order and, after several months of not producing or delivering the product, I cancelled the order and asked for a refund, and got a verbal agreement to honor it but as yet it has not been delivered.

Here are some facts: I never signed a contract originally, though I have the original itemized proposal from the supplier, and there is nothing on the contract about any refunds. Paperwise, I do have the bank record of the check being cashed; otherwise, to this point, all has been verbal (over the phone), including my cancellation, and his agreement to refund the money. Any suggestions as to where I might proceed, or even if I have a chance to proceed legally in the event he does not refund my money, would be appreciated.

Thank you,

John B.

 

[JohnMacek]

advise the debtor of your intention to file a small claims action, give him/her a reasonable time to pay what is owed, then proceed in court. chances are teh supplier will pay up, if not, and the facts are as stated, i think you would have a good chance at obtaining judgment (be sure to research the supplier's entity, ie LLC, INC, sole proprietor, etc and be sure to serve as appropriate. I would also be sure to name the owner's as individuals (if possible), as business entities are easy to switch/manipulate, and doing so would make a judgment entered solely in the business name useless.)

 

[presutin]

Since the amount is pretty small, you should be aware that it is going to be settled in Small Claims Court. Before you file suit, try mediation - it is free and usually produces good results. Small Claims Court has mediators working full time trying to help people resolve issues without having them incurr cost courts. If mediation doesn not work, then proceed with filing the suit in Small Claims Court. You will need to have very good records of what you have attempted to do in order to cancel this agreement to prove your case and win. Good Luck!