# Do I have to give a deposit back? **URL:** \ **Category:** NYSpeed Off Topic\ **Created:** [January 6, 2008, 12:35pm UTC](https://forums.speedlife.net/t/do-i-have-to-give-a-deposit-back/41348 "2008-01-06T12:35:07Z")\ **Posts on this page:** 1\ **Showing post:** 31
**Author:** ![Rx3](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/rx3/32/7194_2.png) [@Rx3](https://forums.speedlife.net/u/Rx3)\ **Post date:** [January 6, 2008, 8:46pm UTC](https://forums.speedlife.net/t/do-i-have-to-give-a-deposit-back/41348/31 "2008-01-06T20:46:46Z")
> [@eclipsed](#): > > im glad that you referenced sections of the UCC in your explanation. :bloated: > > first things first, i HIGHLY doubt 500 bucks would ever even be a blip on the radar as far as “fed cases” are concerned. All it takes is a phone call to the postal police/investigators and filling out of the proper forms to turn this into a “blip”. > [@eclipsed](#): > > second of all, he didn’t commit theft by deception. not even close. This is irrelevant. The buyer paid with a FEDERAL money transaction (re: US Postal Money Order). Intent has no relevance, only that the post office is involved (federal tender, sent by federal postal service). This places it in the hands of the FEDS, and is a federal crime if the U.S. Postal Service investigates and finds fault (assuming the other party makes the proper calls/fills out the paperwork). ALL CLAIMS are investigated when postal money orders are involved! > [@eclipsed](#): > > third, the whole point of a deposit is to prevent a seller from selling out from under the buyer prior to the buyer procuring the remaining funds. therefore, the deposit is only refundable if the seller does not complete his side of the transaction (in this case, provide the car materially as advertised). That is only true IF IT IS IN WRITING. Yes that is the intent, but unless it was _in writing_, no small claims court (or any court) would rule in your favor. Because the terms of the “deposit” were not put in writing, basically if no goods/service was rendered, you are not entitled to the money. Again, if this person has any decent records, and knows the procedure, you will be fucked. > [@87conquestTSi](#): > > If im not mistaken he would have to come here to small claims court then right?Sounds like that wouldnt happen if he hasent come with the money yet. > Say you used the money he sent to pay for storage.The money is spent. Unless you have documented proof that the money was spent for storage related to the car, you will be liable for the $$$ if he comes calling with a small claims suit. Yes for $500 he may have to go to small claims court (I can’t remember the cutoff in dollars for small claims and regular court), but if the Postal Investigators (assuming he followed through) investigate and side with him (they will provide documentaion to him) you are FUCKED when you show up in front of that judge. But let’s just forget all the legality for the moment. If you were in the same situation, you would want the guy to return your funds. Do unto others. You didn’t put it in writing. Your bad. Live and learn for next time. HE (the seller) is dumber than a bag of rocks, but apparently not dumb enough to use paypal, certified bank check or any other form of currency transfer that would allow you a loophole to “play stupid” and keep his money. HE USED A POSTAL MONEY ORDER. Give him the money back. --- _[View the full topic](https://forums.speedlife.net/t/do-i-have-to-give-a-deposit-back/41348)._