Legal Question in Business Law in California

where to start

I am a small contractor (sole proprietor) that was approached by a marketing company during a home and garden show. After making a 15k deposit for proposed advertising the owner disappeared, providing nothing outlined in their contract. Did not provide a 72 hr. notice and provided nothing in return. The local D.A.'s office has done little, I found he is producing local T.V. show, has a record with other criminal activities, and one of his cohorts has informed me of others in the same situation. The ''company'' seems to have other complaints. I emailed local news and T.V. and they posted information. He then contacted me, tried to explain it takes ''time'' to perform the advertising (it's been a year) told me to not tell anyone of his activities and subsequently might fulfill the contract, threatened me with a lawsuit for ''character assassination'' and told me to sign a paper saying I would not report him or follow through with trying to either get my money or the services outlined. The local D.A. initially offered help but it seems they don't care. What's next? Consumer Affairs? F.T.C.? I've tried with a collection company but they have scammed me too! I'm throwing good money after bad and can't afford a lawyer.


Asked on 3/06/09, 2:19 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: where to start

File suit for fraud. If you're going pro per, then hit the books in the law library to try to learn how to do it right. Alternatively, you could reduce your claim to $7500 and file in small claims court. I don't recommend that though.

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Answered on 3/06/09, 4:36 pm
Adam Telanoff Telanoff & Telanoff

Re: where to start

Your problem is that he just did not take enough money from you. The small amount makes this case unattractive to the DA and to many lawyers.

You could either sue him yourself or better yet shop around for a lawyer who will take this on a contingency basis.

It may take some time, but there should be someone who can help.

I would probably take this if it was in So Cal, for example. It is not much, but he has an income stream that you could attach. In fact, contact me via email, I may take it even in San Jose...

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Answered on 3/06/09, 6:27 pm


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