Can I sue in small claims for a guy saying he would fix my truck and he took my first half of the payment but never returned?

Question

Some guy was supposed to fix my truck for 300 total. he came to see it and I gave him 160 for the parts needed. we agreed he would come in the next couple weeks but it has now been over 2 months, in between the time we've contacted him and says he will return the money but he is always avoiding calls and we've gone to his work without threats just simply asking for our money back and says he will stop by and return the money. I don't want a fortune out of a small claims but I need my truck repaired and I have stayed without a job. I'm in the state of CA.
Thanks for your time.

Anonymous · Accepted Answer

Contrary to what people are saying, you do not need a written agreement--your testimony that there was an agreement is sufficient proof, especially since he appears to acknowledge the debt.  However, you probably will want to make a written demand before going to court.
Here are the basics for small claims actions in California:
http://www.courts.ca.gov/selfhelp-smallclaims.htm

? · Answer

You will still need written evidence of an agreement, him on video exchanging money in front of your house is not proof of an agreement to how much he owes

Bob B · Answer

You can, but unless you've got proof of payment and/or written evidence of your agreement, I wouldn't hold my breath on getting very far.

Can I sue in small claims for a guy saying he would fix my truck and he took my first half of the payment but never returned?

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