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Saturday, March 19, 2016

Is it theft or a lawsuit over a contract?


What can I do to get my money back?

Asked about 1 hour ago - Cape Girardeau, MO
Practice area: Contracts
I live in Alabama and made a tentative agreement with with a vehicle dealer in Missouri over the phone. I paid an $8500 deposit with my debit card. The next day I called them and told them I wasn't comfortable with the agreement and I was backing out. Now the dealer is telling me my bank charged them $250 to pull the money out. I called the bank and they said they didn't do that. The dealer is also charging me about $500 for a restocking fee for some parts I wanted added. The dealer told me I was lucky he wasn't making me hire an attorney to get my money back. They put $745 back into my account the day after I told him to send me a check. They still owe me almost $7800

ATTORNEY ANSWERS (1)



  1. Answered This is a question of how much time and effort you want to spend to recoup this money. The first thing you can do is contact your bank and dispute the charge. Tell the bank that you did not authorize them to take the money for that action. In general the bank can usually get the money back, however if they cannot you can sue hire an attorney and sue them. What court would hear it is in question, Alabama or Missouri. It would seem like Missouri would have jurisdiction here unless the dealer had substantial contacts with Missouri. The biggest question is if they return the $7800. The fees are questionable, but holding the rest of the money is fraud and theft. You would need to contact the local police, the police in Missouri, and possibly the FBI. This involves interstate commerce and could be a felony. You should contact an attorney over this and figure out how much it would cost to recoup your money. If they return the $7800, the next question is, do you want to sue the car dealer in small claims court. That involves just you, and no attorney, in a small claims court in Missouri, is it worth your time and effort to pursue the $750 he kept in the 2 fees?
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