How can we go get a refund from a guy we purchased a trailer from if we never received it?

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How can we go get a refund from a guy we purchased a trailer from if we never received it?

My husband and his father ordered a custom built trailer from a place in OK; we live in PA. He paid for it in full, including delivery costs, by wire transfer 5 months ago. They guy told them 2 weeks. We still have not received the trailer and the place won’t return our phone calls or emails. What do we do now?

Asked on June 30, 2011 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If someone takes your money and won't give you what you paid for, he committed, at the very least, a breach of contract; he may also, depending on the circumstances, committed fraud as well (e.g. if was a scam and he never intended to deliver). You should be able to sue him to either get the trailer or to get your money back. That's the good news; the bad news is that you have to sue him--take him to court--to exercise your rights, and if he lives in a different state, it may be very difficult to find him (you have to serve the papers on him the right way) or to collect even if you do sue and win. Since suing someone in a different state is difficult, probably if the amount of money at stake is not enough to make it worth hiring an attorneny, it may not be worth pursuing at all--you need to weight cost vs. potential recovery.

Note that if you think it was fraud, it may also have been a criminal act; you could try contacting the police. That does not always get your property back--the purpose of the criminal justice system is not reimbursement--but sometimes it does, and it may also at least get some justice.


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