What legal recourse do I have if I had someone sell equipment for me but instead of keeping just their share of the proceeds they kept all of the proceeds?

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What legal recourse do I have if I had someone sell equipment for me but instead of keeping just their share of the proceeds they kept all of the proceeds?

My brother-in-law had an agreement regarding approximately $5,000 worth of lawn equipment. He agreed to sell the equipment for me and he was to pay me $2,000 and he could keep the rest. He has since sold off all of the equipment and has refused to pay me. Despite numerous failed meetings he still has not paid me. I have attempted to meet with him numerous times to get my money back. We have set up more than a dozen meetings that he initiates so that he can pay me back and he never shows up or has an excuse. We have texted and had numerous phone calls regarding this matter and unfortunately it looks like he has no intentions on paying me back.

Asked on January 12, 2013 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could sue him to recover the money. If there was an agreement--whether written or oral/verbal--that he was to pay you a sum of money, you complied with any/all of your obligations, and he did not pay you, you should be able to recover the money in court. For the amount you describe, it probably makes sense to file in small claims court, acting as your own attorney. You will need  to prove the terms of the agreement and your compliance with your obligations by some combination of witness testimony,  correspondence (including emails and text messages) and other documentation.


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