This is a Maryland issue:
1) I have a graphics business offering all sorts of graphic design "products".
2) A musician came to my shop and asked me to create a design for a shirt to sell at an upcoming event (a benefit-concert). He said that he wanted to order 200 shirts. While discussing aspects of the upcoming event, future sales, shirt options, design options etc. it was indicated that they expected the shirts to sell-out within an hour of the event's starting. When I asked why he didn't order more shirts, he said that it was all he could afford. I told him that I knew of someone who was recently widowed, that she got a small insurance pay-out and she might be willing to invest if I could "work a deal" that would be good for her.
3) I created the design, approached the widow about a deal I had in mind, she indicated interest, then I contacted the musician. I sent a copy of the proposed design and told him that the widow was interested. I suggested a meeting.
4) He liked the design and we agreed to meet to discuss options.
5) At the meeting (with him and two of his “assistants”), I suggested two options: Pay for 200 shirts, the design and the printing and proceed as originally planned or the widow and I would buy 1,000 shirts, pay for their printing and we would split the profits equally. If he chose the latter, he would not have any up-front costs, BUT the first proceeds would have to repay the initial investment i.e. We would not share any profits until the money for buying and printing the shirts was returned.
6) He chose the 1,000 shirt option. I bought the shirts, had them printed and delivered them before the concert.
7) He sold them.
8) The initial cost to me and the widow was about $5,500. My half of the profits equaled about $7,500.
9) After many attempts to collect, I have not received ANY money in return.
10) I am paying the widow $400 per month for 11 months- Since I talked her into this deal, I’m making sure that she isn’t harmed (she invested $4,400).
11) There was no written contract- Though it will be relatively easy to prove the agreement/working relationship.
12) I cannot afford to hire a lawyer and I do not want to allow someone to take advantage of me in this way.
There are several more elements to this story, but I’ve whittled it down to a point where I think/hope you will get the gist of my predicament.
Here are my questions:
(1) What tort(s) I should include in my complaint? Later, I will visit a law library to research the elements of proof I’ll need and how to write the complaint assuming I take this to circuit court.
(2) Should I settle for the limit of $5,000 for the simplicity of “Small Claims” versus navigating the complexity of a higher court in an effort to get the full amount due me?
(3) Should I ask for a jury?
(4) Should I include his assistants as defendants in the complaint?
(5) Again, there is more to this story, but given what I've offered here, does anyone have an idea as to why the DA would have declined to accept this as a criminal matter?
Any other recommendations, suggestions or advice is welcomed. I thank you in advance for your assistance.
1) I have a graphics business offering all sorts of graphic design "products".
2) A musician came to my shop and asked me to create a design for a shirt to sell at an upcoming event (a benefit-concert). He said that he wanted to order 200 shirts. While discussing aspects of the upcoming event, future sales, shirt options, design options etc. it was indicated that they expected the shirts to sell-out within an hour of the event's starting. When I asked why he didn't order more shirts, he said that it was all he could afford. I told him that I knew of someone who was recently widowed, that she got a small insurance pay-out and she might be willing to invest if I could "work a deal" that would be good for her.
3) I created the design, approached the widow about a deal I had in mind, she indicated interest, then I contacted the musician. I sent a copy of the proposed design and told him that the widow was interested. I suggested a meeting.
4) He liked the design and we agreed to meet to discuss options.
5) At the meeting (with him and two of his “assistants”), I suggested two options: Pay for 200 shirts, the design and the printing and proceed as originally planned or the widow and I would buy 1,000 shirts, pay for their printing and we would split the profits equally. If he chose the latter, he would not have any up-front costs, BUT the first proceeds would have to repay the initial investment i.e. We would not share any profits until the money for buying and printing the shirts was returned.
6) He chose the 1,000 shirt option. I bought the shirts, had them printed and delivered them before the concert.
7) He sold them.
8) The initial cost to me and the widow was about $5,500. My half of the profits equaled about $7,500.
9) After many attempts to collect, I have not received ANY money in return.
10) I am paying the widow $400 per month for 11 months- Since I talked her into this deal, I’m making sure that she isn’t harmed (she invested $4,400).
11) There was no written contract- Though it will be relatively easy to prove the agreement/working relationship.
12) I cannot afford to hire a lawyer and I do not want to allow someone to take advantage of me in this way.
There are several more elements to this story, but I’ve whittled it down to a point where I think/hope you will get the gist of my predicament.
Here are my questions:
(1) What tort(s) I should include in my complaint? Later, I will visit a law library to research the elements of proof I’ll need and how to write the complaint assuming I take this to circuit court.
(2) Should I settle for the limit of $5,000 for the simplicity of “Small Claims” versus navigating the complexity of a higher court in an effort to get the full amount due me?
(3) Should I ask for a jury?
(4) Should I include his assistants as defendants in the complaint?
(5) Again, there is more to this story, but given what I've offered here, does anyone have an idea as to why the DA would have declined to accept this as a criminal matter?
Any other recommendations, suggestions or advice is welcomed. I thank you in advance for your assistance.