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I paid for a service in cash under the table, and the service was not received?
13 months ago I made a deal with a local shop owner to have my engine rebuilt. The total cost would be $2,600. I paid this amount over 5 months, which we had agreed would be ok. I was told the engine would be ready within a few weeks. I went by regularly and nothing ever took place as far as labor on my engine. 2 months after I completed payment, I went to his shop and noticed my engine stuck in a corner neglected. As his friend, I didnt mention it right away but was a bit irritated. Finally I asked when it would be ready and never received a clear answer. As of 2 months ago, I'm unable to contact the owner and he has not been at his shop, although all of the items are still inside his shop. I've not seen or heard from him since and my engine was never touched. I'm ready to take legal action but seeing as this was more or less a cash transaction under the table, do I have any case at all or have I lost out?1 year ago - 3 answers
If he has your engine in his shop but claims you never had any agreement or payment, the judge is more likely to believe you.
The standard in a civil case is "a preponderance of the evidence". Basically, that's whichever side the judge believes more.
Even discount priced receipts would have been sufficient. Cash transactions are technically done at the spender's risk. I guess a lawyer who is dedicated, if you're willing to pay. Otherwise, this is a loss on your behalfby ananyaburman101 - 1 year ago
Without a written contract it will be hard to either get the engine fixed or your money back. And even harder if you can't find him. Best thing is to file a claim and hope you can get a lien on his property so if he does come back you have a chance. But you just might be sol.by Steven m Johnson - 1 year ago