Am I able to sue someone who has not provided service to me?

A friend of mine posted on Facebook that he was able to repair credit. I paid him $500 and we verbally talked out our plan. He has not gotten back to me ever since the payment. I have texted, called and reached out to other friends who have blocked me from their social media. What should I do and is the process simple? He has not provided the series, my credit has no changes and I am out $500. I just want my money back.

Asked on May 10, 2017 under Business Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can sue him for the return of the money, and can sue on any or all of the following grounds:
1) Breach of contract: violation of the agreement, even if only an oral one ("oral," not "verbal," is the correct term) since he has not provided the agreed-upon service you were paying for.
2) Fraud: if there is reason to believe that he lied about what he could or would do to get you to give him the money.
3) Theft by deception: stealing from you by tricking you.
For $500, suing as your own attorney ("pro se") in small claims court is an excellent option.

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