Legal Question in Civil Rights Law in California
Money
Five years ago, I (who live in Australia) sent money ($50 000 Australian dollars) to a guy in the United States, California, he promised that he was going to invest the money in Subway franchise. He never did and he still until today, refuses to pay me back my money. What can I do to get my money back?
4 Answers from Attorneys
Re: Money
You could possibly still obtain relief from an Australian court, I do not know.
The legal time limit in California is four years and unless there are circumstances that could extend the time limit or stop the clock, such as his absence from the state of California, you are probably Simply Out of Luck. If you could get him to make a partial payment, or a new promise to pay, this would reset the legal time limit and you would have another four years within which to sue him in a California court.
Re: Money
Reply of Mr. Michael Stone is most appropriate.
Re: Money
In addition, you might allege that this person defrauded you. In that case, the time to file a lawsuit (statute of limitation) is three years from the time a reasonable person should have discovered the fraud or three years, whichever is later. So there might still be time to sue. A lawyer would have to decide whether the guy can be found and whether there are any assets from which to collect -- to determine whether it would be worth your while to do so.
Re: Money
Maybe nothing, if you've waited past the Statute of Limitations to bring legal action. If you had a written agreement, you had four years from 'breach' to sue, two years if an oral agreement, three years to claim fraud. You could claim you didn't know of the breach until recently, which could extend your time to file, but it will be an issue in dispute immediately upon suing and serving the guy. Feel free to contact me if you think you can demonstrate you are still timely, and you think he has anything to collect from, and you are serious about pursuing this, and it is in Southern California.