Legal Question in Credit and Debt Law in Pennsylvania
I met a guy about two and a half years ago at a restaurant i was working at. He had a business opportunity claiming he owns a company that strips and waxes floors for places like Wal-mart saying the pay is excellent. We talked for months over the phone to try and set up work for me to do with the company. I was going to eventually do office work and set up the contracts for stores in my area as he claimed he wanted to expand business from Tennessee area to the Pennsylvania, new york, new jersey and surrounding areas. Over the course of almost two years talking about it, I never actually physically did any of the job, just listened in on three way so-called business calls and made small calls to try and set up schedules for the stores he was doing work in. He had told me he was out of state from his area and had lost his wallet so had to cancel all his cards and needed my help to purchase the cleaning product to do the work. I unwillingly sent him close to 4 grand in 3 different payment options as he told me to do. He swore up and down he'd pay me back. It's seven months later and he still hasn't sent me a penny but still talks to me either every day or so or at least once a week claiming he is going to send it but gives me some excuse why he might not be able to. I figure he scammed me because I found out he doesn't own the business he just works for the company based out of Memphis Tennessee and the owner would not even speak to me about. I don't have any signed document saying he will pay me back but I have the receipts from the money i sent him. He has scammed me and I want justice. I don't want him to do this to other people which I'm sure he has and will continue to do. I don't know how I can take him to court since he is out of state and what process I should take. Any sort of advice would be great. Thank you in advance.
1 Answer from Attorneys
You learned an expensive lesson. Never loan anyone that much money without a promissory note. What did your oral agreement say as to when you were to be paid back? The receipts might provide some evidence, but do these indicate this was loan as opposed to a gift (which he might try to argue)?
Where exactly does he live? You can try suing in small claims court in the state where he lives. I am not sure if the company he worked for would be liable for the acts of their employee or not. It will depend on whether his actions were in the scope of the employee's duties. Asking you to loan funds would not be within the scope of his duties. And he sounds more like some kind of franchisee rather than an employee.
You might want to talk to a lawyer in whatever state he lives in. I am only licensed in PA, GA & NC. You may be able to sue this guy in PA, but not in small claims. It would be in arbitration. Did he actually come to PA? If not, there might not be jurisdiction in which case you cannot sue in PA.
You also need to consider if this guy has any assets in PA. PA does not have wage garnishment and just because you got a judgment there does not mean that you would get paid. However, other states (like Georgia for example) do have wage garnishment. That's another reason for speaking to a lawyer. If you are going to spend money, you want to make sure that this is done right and that you will be paid back. And no, you cannot generally recover attorney fees since this was not provided for in a written contract. Had you done a proper written promissory note, you could have spelled this out and then this guy would be on the hook. I do not know what state this guy is in - it could be that what he is done violates the state unfair and deceptive trade practices act (or its equivalent if it goes by another name).
You might also want to consider taking out criminal charges. This guy obtained money from you by what looks like theft by false pretenses. I don't know how the state where he lives defines it, but that is what it sounds like. In southern states, victims can complain to the magistrate and have a warrant filed for misdemeanors. You might want to contact the police or magistrate in the area where this guy lives and see if criminal action can be taken. If this guy is convicted, he can be ordered to pay you back as restitution.
Do not threaten him when you talk to him by saying "pay me back or else I am going to the police." That would be extortion or black mail and you do not want to be charged criminally. If you want to scare him into paying, it would be better to hire me to send him a lawyer letter, but I would only recommend this if you think it would actually work. If you have doubts, just go and see if criminal action can be taken. Given the level of funds obtained, this is probably a felony offense. If the police are not interested, then pursue a civil case.
Feel free to contact me if you would like my assistance or wish to further discuss this matter.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
