Legal Question in Civil Litigation in California

We are trying to get our $10K deposit back from auto "broker". Initial contract stated he to return in full if could not deliver car for us. When that fell through he assured us he would be able to find another car (same model) so we told him to hold onto the deposit and apply towards new car. He kept giving us the run around so we asked for deposit back because he was unable to deliver. He then told us he is keeping the $$ to earn interest because we backed out of the deal and will give to us on set date. Then on that set date he tells us he waiting on funds from another deal and will give us $$ a week later. Week later and now he will not return the deposit, will not answer an correspondence. We need to sue for him for the $$ however am not sure type of lawyer we need. Is this a general civil litgation case, contract law, or consumer law?


Asked on 8/05/09, 5:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You could complain to the police, but it is doubtful they will help. It is over the limit for small claims court, so you'll have to sue in Superior Court. Any experienced litigation attorney can do so, at a price. But, an attorney threat letter may shake loose your money without litigation. If serious about getting such legal help, feel free to contact me.

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Answered on 8/05/09, 7:25 pm


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