Legal Question in Civil Litigation in California

Seller has taken my deposit but will not give my purchase

Hi,

A little over a month ago (10/4) I gave a down payment of $40 (plus another $20 later) for a bike to be restored and sold to me. The seller gave a turnaround time of 1-5 days.

5 days turned into 2 weeks, then after that he stopped responding to text messages and calls. I went back to his house and he apologized for the delay, told me he would have it done within a couple days, and gave me a beaten up bike to use in the mean time.

Since then I've had to go to his house to contact him because he doesn't return my calls anymore. The few times I've gone over I get the same response, he gives me an excuse and says that the bike will be fixed soon. Today I just went to his house and he didn't even open the door, saying ''I'm not even awake yet bro, call me in half an hour'' (It was 12 pm)

I have a feeling he has no intention of delivering the bike and instead probably just wants me to give up and hold the junk bike he let me borrow.

I want my money back. Do I have any good options for retrieving my $60 deposit? The first $40 was marked by a receipt, the $20 after that wasn't but my friends saw me give it to him. I am a college student so time is not so valuable but I am willing to take action.

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