Legal Question in Civil Litigation in California
How do we get our money back
My brother and I bought a shelbe cobra race car to be built in Palm Springs CA. It was to be built in a 6 month time period, it has now been 2 1/2 years and the car is still not completed. We have asked for the money we gave to them back which he said he would do, but that was 7 weeks ago. I have phoned the auto shop two to three times a week but keep getting the answering machine. We have invested $87,900.00 and want our money back. What should we do? Should we file a lien on thier company? Please advise.
Thank You
L
6 Answers from Attorneys
Re: How do we get our money back
A lawsuit has to be filed. Normally a prejudgment attachment cannot be filed unless the vehicle was for business purposes. I suggest a lawsuit in Calfornia Federal Court based upon Diversity since it is quicker to get to trial. Please contact our office so we can review your contract. You may have other options. 714 363 0220.
Re: How do we get our money back
Breach of contract action...call me directly at (619) 222-3504.
Re: How do we get our money back
Send them a certified, return receipt letter demanding your money back -- plus simple interest at 10% per year. Keep a copy of the letter. Also send it first class mail. Give them a reasonable time to pay you (say 20 days). If they don't pay you, then get a lawyer and file suit in Palm Springs, California. Before doing so, though, you might want to have an investigator perform an asset check on the company and/or the individuals involved to see if they own anything against which you can collect. Good luck to you.
Re: How do we get our money back
File suit against the company. They have had plenty of time to either complete the car or get you back your money - if they were acting in good faith. The only way you can protect yourself is through getting a judgment against them and then executing on the judgment - seizing their assets - until you get your money back.
Re: How do we get our money back
You can't file a lien until you have a judgment against the company, which means you will have to sue unless you can reach some sort of compromise -- which is hard to do with somebody who won't return your calls.
Based on the limited facts you have provided, it sounds like your suit will have to be brought in California. Please feel free to contact me directly if you want to discuss what you need to do.
Re: How do we get our money back
You may contact me. I'd send a demand letter and then sue on you behalf. Do you have documentation?
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