Legal Question in Civil Litigation in Maryland

I gave a deposite to a auto dealer. deal fell through, he said he would sent my money back. two months later I asked for my money a couple of times he said he sent a check .still don't have went to him with my deposite slip and said not till I get my check back. I asked him to show me the check stub for the check, He said no I don't believe he sent it to me because , he said good luck


Asked on 10/11/10, 8:33 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

This is an easy one. You have NO obligation to chase the auto dealer around IF he legally owes you return of your deposit. Stop doing things orally -- If I were in your shoes, I would send a dated letter politely demanding return of my money. I would keep a copy of the letter and track it (either by sending via fedex and requiring a signature, or certified mail). In the letter, I would give the auto dealer 10 days to return the check. If I didn't receive a check on the 10th day, I would send another letter demanding the deposit in 5 days or I will immediately file a lawsuit. If I don't receive a check on the 5th day, I file a lawsuit in the Magistrate Court in the county in which the dealer is located the next day.

Of course, I hire a lawyer BEFORE I send any letters to the auto dealer or file a lawsuit to represent me because auto dealers have expensive lawyers that will run circles around me in court and prevent me from getting my deposit back.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/17/10, 5:01 am


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