What if the wholesaler didn't refund me the deposit money?

[Katie Nguyen]

i joined to buy a house with assignment fee 4,000$, paid 2,000$ as deposit to wholesaler by cheque, and signed assignment contract with him. It mentioned if the assignor can't deliver the clear title , then he has to refund me the deposit. the closing time passed since title agent is very slow, and finally title can't be cleared because creditor won't release the lien. I'm so much afraid the assignor won't refund me, since i gave him directly a cheque , and he did cash out. Could i sue him in small claim court if he tried to run away or prolong in refunding me?