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  1. #1
    Join Date
    Nov 2009
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    13

    Default Are Deposits Placed on Cars Non-Refundable

    My question involves small claims court in the state of: Delaware
    I am partners in a used car dealership. I sold a car last October. The customer left a deposit, and was coming back in a week to pay it off. He made excuses and I gave him 30 days to p[ay it off. He did make one payment about a month later. He came back in march and wanted his money back(I had just sold the car). I told him it was nonrefundable, but offered half back 350. He said no.
    He called and wanted my full name so he could sue (claimed he was at the court)

    I refused to give him my name.
    I have a couple of questions. My business is a sole proprietorship.
    1) if he files suit, can he sue me personally? It happened once before, and I lost.

    2) if he does not have or lost his paperwork do I (should I) produce the bill of sale?

    I don't think he has any case at all, but Delaware small claims is more informal and does not follow strict legal rules.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Are Deposits Placed on Cars Non-Refundable

    Quote Quoting dfcar1
    View Post
    1) if he files suit, can he sue me personally? It happened once before, and I lost.
    If by "sole proprietorship" you mean that the business is not incorporated, then there is no corporate shield, and you can be sued as the owner (as well as by virtue of the fact that you were the person who was involved in the transaction and took the customer's money). If you mean that you're incorporated, either as a single member LLC or as a corporation for which you hold all of the stock, you can still be sued (typically along with the corporation) as an individual based upon your role in the transaction.
    Quote Quoting dfcar1
    2) if he does not have or lost his paperwork do I (should I) produce the bill of sale?
    If you choose not to present any contract to support your claim in court, that the deposit was non-refundable, you can expect to lose.

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