Outfitter will not return our deposit on a hunt

[adam_p]

SICK--They have alternate jurors.

I'm not sure you understand how the court system works. Jurors don't testify.

[Radar]

Easiest way is to rebook the hunt for next year. Tell him the deposit will be applied for next year. He can re sell this years tags. I been down this road, more than likely he done spent your deposit and ain’t got none to give back. It’s a sad situation, a lawyer will cost you as much as the deposit. And your wasting your time chasing bad money.

[adam_p]

I'd start blasting the outfitter on social media. Either the pressure gets him to send your money back, or most likely the money is spent and you aren't getting it back anyway.

[xman59]

you can probably find a lawyer that will send a letter of pending law suit if the funds are not returned,,,, most of the time that is sufficient it is worth the
50-100$ many of them charge......

but $3000 is above most small court claims and as already stated the fees and time for an actual suit would be well over that amount,,, unless you find a lawyer who will wait for the money and recover his fees from the so called outfitter.... read all the fine print you can find concerning him and his business before hand

[Burnadell]

SICK--They have alternate jurors.

He is not a juror. He is a witness.

[Burnadell]

you can probably find a lawyer that will send a letter of pending law suit if the funds are not returned,,,, most of the time that is sufficient it is worth the
50-100$ many of them charge......

but $3000 is above most small court claims and as already stated the fees and time for an actual suit would be well over that amount,,, unless you find a lawyer who will wait for the money and recover his fees from the so-called outfitter.... read all the fine print you can find concerning him and his business before hand

Small claims court limit is $10,000. I would, for sure, pursue a claim in JP court. You should have no problem getting a JP to rule in your favor. Then you file the judgment in his county clerk's office. If you can determine where his bank account is (did he deposit a check or PayPal?), then you can attach the bank account. If he owns real estate in the county and eventually sell it, you will get paid if the judgment is still active. You must refile it every 10 years.

[jerp]

“More than likely he spent your deposit and doesn’t have it to give back

That is my guess - some of those guys live close to the edge, financially. He may live off of deposits in the off season and just hopes nobody cancels.

[S-3 Ranch]

Small claims court limit is $10,000. I would, for sure, pursue a claim in JP court. You should have no problem getting a JP to rule in your favor. Then you file the judgment in his county clerk's office. If you can determine where his bank account is (did he deposit a check or PayPal?), then you can attach the bank account. If he owns real estate in the county and eventually sell it, you will get paid if the judgment is still active. You must refile it every 10 years.

Luckily the guy lives in pecos county/ irran! But the hunt is on his family ranch in New Mexico so court district is questionable

[Mayhem]

Luckily the guy lives in pecos county/ irran! But the hunt is on his family ranch in New Mexico so court district is questionable

Iraan isn’t very big, go find that dude.


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[MetalMan2004]

Depends on what was agreed upon. Deposits are usually not refundable no matter how far out you cancel. My guess without looking at any actual contract is that the 60 day cancellation policy is for the remainder of the payment, not the deposit.

I’d say ask if he’ll raincheck you for next year. If he aint playing ball you may be out of luck.

My wife and I booked a hiking trip once and put down the deposit. Wife got pregnant so we contacted them. They gave us one year for a raincheck. Next year my wife was pregnant so we forfeited the deposit.

[smithb164]

Can you find a hunter to replace yourself and get him connected with the guide? New hunter pays you the 3k deposit (as long as the guide is ok with this)? He should be, he’s not losing out on anything.....

[Burnadell]

Luckily the guy lives in pecos county/ irran! But the hunt is on his family ranch in New Mexico so court district is questionable

I’m no bottom feeding, egg sucking lawyer , but I believe the jurisdiction would be in the county that the transaction took place...where you sent the money and where he deposited it and lives.

[Burnadell]

...but it all depends on what the agreement/contract says.

[Azzy]

I get where you’re coming from but if you knew this could’ve happened why did you book. He’s holding off his end of the deal. A deposit usually is forfeited if you can’t go. Best route is to tell him let you hunt next year.

[sbushee]

The defendant has more rights, lol. Justice system