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Need the OT Legal Experts...

Posted on 10/15/14 at 1:53 pm
Posted by Crusty
Baton Rouge
Member since Aug 2011
2451 posts
Posted on 10/15/14 at 1:53 pm
Since the OT has the largest collection of brilliant legal minds in the virtual world, I thought I would come here for sound direction. So I have a guy that ripped me off out of $3600. How he did it is not important…he just did. I contacted the District Attorney’s office who said I should contact the Attorney General’s office with my case to see if they could help. I did that and it appears that they are making some progress. The guy that I have an issue with has sent in a small payment (less than 10%) and says he will continue to make scheduled payments (I haven’t heard the schedule yet). However, I have been working at this for months and to date I have not seen any money (the AG’s office has the first installment still). This guy has a long track record of ripping people off (which I found out after the fact) so I have zero guarantees that the payments will continue. So, my options appear to be:

1) Let it play out and see if he continues to mail in installments until I am paid off (which would be several months).
2) Go to the police, file a report and have him picked up on a felony theft charge.
3) Hire an attorney to see if they can garnish wages, without tax returns, whatever until I am paid off.

Knowing his track record, Option 1 is very risky. The problem with #2 is he could lose his current job thus making him unable to pay me back anything. I was leaning towards option 3, but is it worth hiring an attorney for a $3600 issue? Could I add their legal costs into the settlement thus this crook would end up paying back something closer to $5K? How much would an attorney charge for something like this?

Posted by KosmoCramer
Member since Dec 2007
76556 posts
Posted on 10/15/14 at 1:55 pm to
Need more details about how he obtained the money.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79384 posts
Posted on 10/15/14 at 1:58 pm to
Yeah, I bet all of the attorneys will line up to tell you how to handle a case where none of the facts are revealed.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 10/15/14 at 1:59 pm to
I am not an attorney and this is not legal advice.

I would drop it and chalk it up to life. Then if you get paid it is all bonus. The other options seem pretty shitty.
This post was edited on 10/15/14 at 2:00 pm
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 10/15/14 at 1:59 pm to
the AG is doing it for free? stick with that. You can always sue later. do it pro se if you are afraid of fees.
Posted by Motorboat
At the camp
Member since Oct 2007
22724 posts
Posted on 10/15/14 at 2:04 pm to
quote:

Artie Rome


lulz
Posted by Austin Cajun
Austin, Tejas
Member since Aug 2013
1884 posts
Posted on 10/15/14 at 2:05 pm to
good luck with garnishing wages unless you birthed his child
Posted by HarryBalzack
Member since Oct 2012
15228 posts
Posted on 10/15/14 at 2:05 pm to
Get a lien placed on him.
Posted by Crusty
Baton Rouge
Member since Aug 2011
2451 posts
Posted on 10/15/14 at 2:06 pm to
That's not really an option for me. If nothing else, I'll file the police report and have him picked up. No sense in letting him continue to rip people off.
Posted by Odinson
Asgard
Member since Apr 2014
2760 posts
Posted on 10/15/14 at 2:08 pm to
small claims
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 10/15/14 at 2:09 pm to
quote:

That's not really an option for me. If nothing else, I'll file the police report and have him picked up. No sense in letting him continue to rip people off.


See, without details how can anyone comment? If I "loaned" a buddy some cash then I would do what I recommended. If some dick-face Italian was swindling people and had the means to pay them back or take me fishing in Dulac...I might suggest one of the alternatives.
This post was edited on 10/15/14 at 2:10 pm
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 10/15/14 at 2:13 pm to
Report him to the cops. Keep after them to arrest him. Don't let it go.

Forget about reclaiming your money.

Or hire a PI and prove he has disposable funds, then take him to small claims court.
Posted by Crusty
Baton Rouge
Member since Aug 2011
2451 posts
Posted on 10/15/14 at 2:19 pm to
quote:

Artie Rome


I gave him $3600 to do a job. He took my money (deposit) and didn't do any work at all. That was several months ago. I don't think he has a boat to take me fishing...but I'll ask the AG's office to ask him.
Posted by ChrisN
Alexandria, LA
Member since Oct 2014
253 posts
Posted on 10/15/14 at 2:22 pm to
Could have a problem collecting if the guy files for bankruptcy ...
Posted by ChrisN
Alexandria, LA
Member since Oct 2014
253 posts
Posted on 10/15/14 at 2:24 pm to
Not sure of the details but you could potentially put a lien on any personal property the guy owns and if he ever tries to sell ... you could collect at that point ... Sounds like the guy could have a long list of people he owns money to and you could never see it again
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 10/15/14 at 2:25 pm to
quote:

ChrisN


1L? Loyola or Southern?
Posted by Motorboat
At the camp
Member since Oct 2007
22724 posts
Posted on 10/15/14 at 2:26 pm to
quote:

If some dick-face Italian was swindling people and had the means to pay them back or take me fishing in Dulac...I might suggest one of the alternatives.


there's a slight chance I have an opening since your red-faced wagon riding Irish buddy bailed.
Posted by ChrisN
Alexandria, LA
Member since Oct 2014
253 posts
Posted on 10/15/14 at 2:33 pm to
quote:

1L? Loyola or Southern?


hahaha no 1L ... "Lernd dat frum da streetz"
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 10/15/14 at 2:34 pm to
I was just talking in hypothets. The wife is out of town this weekend...but I can just bring the boys.
Posted by The Mick
Member since Oct 2010
43261 posts
Posted on 10/15/14 at 2:35 pm to
quote:

The guy that I have an issue with has sent in a small payment (less than 10%) and says he will continue to make scheduled payments (I haven’t heard the schedule yet).
Generally speaking, if you accept a partial payment the criminal aspect is removed and it becomes civil only. He's setting you up again.
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