Legal Question in Civil Litigation in New Hampshire

paid for and never received

in february i gave a friend's brother $1000 for a car i had never seen, depending on the fact i did know him and he is a mechanic. since then he has given me multiple excuses about why the car isn't ready. he has repeatedly said he would send me the VIN number and has not. meanwhile, i'm unable to find a job within walking distance. what is the best action to take to get my money back?


Asked on 5/23/08, 8:49 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: paid for and never received

Did the initial agreement include what car you were buying or any deadline by which it would be delivered? Was there any writing? Do you or your friend personally know what was said to and by the mechanic?

You could go to district court and obtain a �statement of claim� form to bring a small claims action against the mechanic for return of the $1000. You could state briefly in the form the facts underlying your initial agreement with the mechanic � what car, how much, when it was to be delivered by � that you paid in February but he had unreasonable delayed delivery. If a sheriff served the form on the mechanic; and the form with return of service was then filed with the district court together with a small fee; then a court notice of hearing should follow. At the hearing, you would not need a lawyer, and you and your friend could discuss your version of the facts with the judge.

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Answered on 5/23/08, 10:15 am


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