How Long to Wait for Deposit to be Refunded

[Deerslayersh]

I was informed May 15th that my lease was no longer available. I had already sent a deposit for the lease. The guy said he would return my deposit within 10 business days (phone conversation).

He has still not returned the deposit. He is not ignoring or avoiding me. He supposedly does this as a part time business (leasing land from timber companies and releasing).

His “excuse” now is that people always want 60-90 days to send him lease money (we have always paid on time, so not sure how that applies to me), but when it comes time for deposits to be returned they don’t afford him the same grace period.

How long should I wait before taking action? And what action does the green screen suggest? I’ve never had any experience with small claims court. Is that an option? I don’t “need” the money, but I’m definitely not forgetting about it.

Deposit was $2400 FYI.


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[MetalMan2004]

I don’t have any specific advise for you but I’m not sure why he wouldn’t be able to return your deposit immediately if the lease is no longer available unless he’s waiting to get it back from the timber company.

[mdnabors]

Going from “10 business days” on initial call to “60-90 days” is a big jump IMO. Especially since you’ve supposedly paid at the designated time to him each year. If this is his business, he should have no problem paying you back in full immediately and working out what may be owed to him from the landowners or whomever he’s running the land for. Unless I’m understanding wrong you are coming up on 60 days and out $2400 you could’ve put towards another lease, corn, etc... It’s been plenty long enough IMO. Good luck

[Goldensammy]

Your getting the runaround.

[150class]

Wasn’t paying attention on what kinda lease.

My apologies

[deerwatcher51]

Your getting the runaround.

This

[Tbuddyandroby]

Sounds like he could be holding yours and other's money to draw 3 months of intrest... It's time to put on your "ugly face" and get your money back IMO.

[OldRiverRat]

He said 10 days and it’s well past that.
Call him, give him 5 days to get you paid and tell him if you don’t have payment the next person you will hear from if your attorney, back this up in writing (text/email)

I’m guessing you can get a local attorney to simply write a letter threatening action for cheap and that usually does the trick if he doesn’t pay.


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[eradicator]

Certified letter requesting refund. If/when that is ignored, attorney. If all else fails, take a Sunday afternoon drive to fellows known residence

[Bisch]

Sounds to me like he spent the money you gave him, and he doesn’t/won’t have the money to give you till he gets some more from someone else paying him for another lease.

Bisch


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[pervis]

^^this^^ I'd send him a certified letter as stated. Keep copies for your records. Set a time frame on the letter. Ie saying you want your money within 10 days of recieving the letter. Then if no money. I'd personally go confront the guy in person. Demand a check on the spot. If that doesnt work, then claims court him.

[talltexasshoote]

This sounds like a Burnadell special. I would guarantee he is waiting rolling one payment into returning your deposit. As others stated, certified letter then attorney.

[Stuck]

Sounds to me like he spent the money you gave him, and he doesn’t/won’t have the money to give you till he gets some more from someone else paying him for another lease.

Bisch


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I think this is obviously the case. Not sure how his decision to let others postpone payment 60 to 90 days plays into you getting your money back when you had paid on time. Unfortunately, you can squeeze that tomato all you want, if he doesn’t have it, he doesn’t have it. I would be in weekly contact letting him know you need the money for payment on a new lease you found an continue being that squeaky wheel so he doesn’t think he can put you off another week or so when he does get paid by others. At this point I would hope he is an honest guy and does refund you when he can, unfortunately, there are many who have no problems collecting, but real trouble refunding when necessary.

[Ronnie]

Is it possible for you to contact the timber company (land owner) to find out what the " real deal" is? But get your money back first ! Sounds like you need an attorneys" letter".

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[Deerslayersh]

Thanks for the replies guys.

Update: I told the guy I would give him until Friday of next week to get me the money. If He hasn’t, I will contact an attorney on Monday.

His response was that “civil courts frown on cases like this but do what I want.” I plan to follow through with my “threat” next Monday nonetheless if the money isn’t there.

Anybody have experience with this or know an attorney who can help out?

Also, would it be worthwhile to call the timber companies and let them know he is holding the money? Or post his info publicly (eg this forum)?


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