I rented a party hall for $2500 in El Paso, Texas. The contract had a $300 nonrefundable deposit. I needed to cancel and he refuses to give me my money back. I gave him 8 months notice, so he would have enough time to find another renter. I filed a small claims court and they cant find him. Can I put the employee that signed my contract? Do you think I have a case?
If the Hall is a business the chances are that it is also a corporation. What you need to do is obtain the corporation name (it is probably on you bill of sale) and serve the agent for the receipt of process listed with your state attorney general
If it was a nonrefundable deposit --- I am not sure you can win back the $300 -- that is what nonrefundable means.
Service at his residence (either on him or someone that lives there of proper age) is also possible, or wherever he may be in Texas. And as Fred indicated, the business may be a corporation or other business entity, meaning it should have a registered agent listed with the Texas Secretary of State. It may even be possible to serve the business by serving the Texas Secretary of State itself. However, the constable isn't going to be as creative as the law allows for service, so a private process server is likely your next step.
Regarding whether you have a case, based on the details here it doesn't sound like it. If the deposit was nonrefundable and memorialized in a proper contract, what basis do you have for a refund? Were there listed exceptions?
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