I paid 230.00 total for the tatt, he is my ex-boyfriend and now he is mad and refuse to do the tatt or give me the drawing, which i dont need the drawing because I don't trust anybody else to tatt my body. Can I press charges against him for thelf of service of thelf by deception. He said he was going to get a restraing order for me because I went to his shop to ask about my money or the tatt, can he do this?
You can sue him in Small Claims court for return of your money. Sure he can sue you or try to get a restraining order against you, but that doesn't mena he'll be successful.
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Sounds like a terribly toxic relationship. If I were wearing my "counselor" hat as opposed to my attorney hat, I'd say that the $230.00 is a cheap parting gift and I'd recommend you run and do not look back. That's likely the best scenario for both parties...
You can certainly file a Magistrate Court case against him in the county of his residence. He may have a claim for part of the monies paid to compensate him for the conceptual drawing of the tattoo. The value of this should be established by another tattoo artist with suitable experience.
I agree with the earlier post, $230 may not be worth the hassle of litigation when there are personal relationships spilling over into the business end of things - most courts would raise a somewhat skeptical eye to this kind of transaction.
If you paid for something (i.e. the tatt) and all parties to the transaction understood and agreed as to what you were paying for and what you were supposed to get for your money, and you didn't get what you paid for through no fault of your own: you are entitled to get your money back. Your local small claims court is the place to go. Good luck!
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