Anaheim, CA asked in Civil Litigation for California

Q: My friend was going to buy a boat for 12000. He gave 8/12 and The guy won’t give him the boat or the 8000 back

This is all back-and-forth via text message. About 20 pages worth. Plus it was a wire for the 8000 the man acknowledges receipt and clearly states that it’s for this boat

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Small Claims has jurisdiction up to $10,000, and this is the easiest and fastest way to get a judgment against the man who is breaching the contract. Your should learn from your friends mistake that you don't part with your money without a written agreement. When he goes to trial, tell him to take PRINTED COPIES OF THE TEXT MESSAGES, don't just plan on saying "Its on my phone." The Court has to see the evidence. Of course then you get to enforce the judgment, and may end up owning the boat anyway. The sheriff can seize that property to satisfy the judgment. My advice is to have all the papers ready to go to enforce the judgment by seizing the boat before trial, so you can get it done quickly when you get a judgment.

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