Legal Question in Civil Litigation in New York

I have this so-called friend that had offered to get the construction materials for my house through his company at cost as a favor. i gave him two checks totaling $5240.00. it has taken me almost 1 full year of asking for reciets for the money that was spent on the materials. he has only given me reciets that amount to roughly $850.00. he gave me two bogus reciets that i myself checked with the company that sold most of the materials and they said that they in fact were not reciets for material, they just showed a doller amount referencing his account but no material. i feel that he has not spent all the money given to him for my materials on the materials. please help me figure what course of action i can take. thank you , kurt pollack


Asked on 5/25/10, 5:39 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Send letter requesting return of your money. Afterwards, if he Was a friend of sorts, call him and give him an opportunity to return your money over time. (suggest 10% or 15% of his monthly net). Ask for some sort of collateral, if that is possible. Do express your hurt & disappointment, but do not have an angry confrontation. (Reminding a person of their screw ups, only aggravates a bad situation).. If payments are not voluntarily forthcoming or cannot otherwise be worked out, you may sue him in Small Claims Court. (Garnishment collection after judgment entry is usually limited to 10%, )

Good luck,

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Answered on 5/25/10, 11:36 am


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