Event DJ Cancelled - no deposit returned - now suspect he is a scammer

[xtxoxpxd]

What is the name of your state (only U.S. law)? Texas

Booked a DJ for an event months ago. He recently cancelled, claiming a back injury. I ask for the $400 deposit back, he says sure it's on the way, it never comes, I keep asking, he keeps deflecting. I'm at the point where I'm about to threaten to file in small claims court.

BUT...

I do more research on him since he has multiple phone numbers and multiple addresses so I'm not sure where to file a suit. During this search I find him posting numerous craigslist ads for his services within the last month (most recent one 4 days ago). Now it seems clear he was lying and has no intention of paying me back.

What is my next move??
- Is this criminal fraud? Can I get the police involved?
- Is small claims still my best move?
- Should I be worried about contacting/interacting with him further? I have no idea how shady this guy is now.

 

[OHRoadwarrior]

You have no proof it was criminal. Your option is to file a civil claim. Where did you send the $400?

 

[xtxoxpxd]

You have no proof it was criminal. Your option is to file a civil claim. Where did you send the $400?

it was so long ago i don't remember the address or even the city it went to. so given the following, what city do i file this suit in?

- contract was signed in Houston, I reside in Houston
- event was to be held in Brookshire, TX (1 hour from Houston)
- address on the contract was a catering company in Willis, TX who he apparently co-coordinates with? (1 hour from Houston)
- another address that appeared on a reception format sheet from him was in Austin, unsure of the significance of this address (2.5 hours from Houston)
- almost all of the other business he advertises online is in El Paso (e.g. Craigslist ads in El Paso) and I'm fairly certain his primary residence is in El Paso (10 hours from Houston)

I'm hoping the answer is that I can file in Houston and list El Paso as the address for his summons...

 

[quincy]

it was so long ago i don't remember the address or even the city it went to. so given the following, what city do i file this suit in?

- contract was signed in Houston, I reside in Houston
- event was to be held in Brookshire, TX (1 hour from Houston)
- address on the contract was a catering company in Willis, TX who he apparently co-coordinates with? (1 hour from Houston)
- another address that appeared on a reception format sheet from him was in Austin, unsure of the significance of this address (2.5 hours from Houston)
- almost all of the other business he advertises online is in El Paso (e.g. Craigslist ads in El Paso) and I'm fairly certain his primary residence is in El Paso (10 hours from Houston)

I'm hoping the answer is that I can file in Houston and list El Paso as the address for his summons...

Thank you for adding your question to this thread and deleting your other thread, xtxoxpxd.

As I said in the other thread, for small claims actions you will normally file suit in the court of the precinct where the defendant resides, although under some circumstances you can file in the court of the precinct where the business was contracted.

Your choices, then, appear to be Houston (where the contract was signed) or El Paso (if you can determine for sure that El Paso is where the DJ lives). His home location is probably the better choice.

 

[xtxoxpxd]

As I said in the other thread, for small claims actions you will normally file suit in the court of the precinct where the defendant resides, although under some circumstances you can file in the court of the precinct where the business was contracted.

Your choices, then, appear to be Houston (where the contract was signed) or El Paso (if you can determine for sure that El Paso is where the DJ lives). His home location is probably the better choice.

what do you mean by 'better', given that having to drive or fly to el paso pretty much cancels out the cost i'm trying to recover? do you mean el paso for sure has jurisdiction over this but houston may not?

would i be able to file a suit in houston with his el paso address as his legal address? would someone be sent all the way out to deliver his summons?

 

[quincy]

what do you mean by 'better', given that having to drive or fly to el paso pretty much cancels out the cost i'm trying to recover? do you mean el paso for sure has jurisdiction over this but houston may not?

would i be able to file a suit in houston with his el paso address as his legal address? would someone be sent all the way out to deliver his summons?

By "better" I mean that filing your suit in the county or precinct where the DJ resides eliminates any argument that the court does not have jurisdiction.

When you file your case and pay the fee for service, the sheriff in the DJ's county will serve him. Because the fees for service are non-refundable fees, you will want to make sure in advance of filing your suit that the name and address for the DJ are correct.

 

[xtxoxpxd]

By "better" I mean that filing your suit in the county or precinct where the DJ resides eliminates any argument that the court does not have jurisdiction.

When you file your case and pay the fee for service, the sheriff in the DJ's county will serve him. Because the fees for service are non-refundable fees, you will want to make sure in advance of filing your suit that the name and address for the DJ are correct.

When would the "wrong jurisdiction" argument come up? After I file and the sheriff tells me wrong jurisdiction? During the actual trial?

 

[quincy]

When would the "wrong jurisdiction" argument come up? After I file and the sheriff tells me wrong jurisdiction? During the actual trial?

You can check out the Texas Civil Practice and Remedies Code, Chapter 15, Venue, General Rule 15.002.

 

[xtxoxpxd]

You can check out the Texas Civil Practice and Remedies Code, Chapter 15, Venue, General Rule 15.002.

language says the venue can be (1) in the county in which all or a substantial part of the events or omissions giving rise to the claim occurred so i feel like Brookshire is an appropriate place. thanks for your help.

 

[quincy]

language says the venue can be (1) in the county in which all or a substantial part of the events or omissions giving rise to the claim occurred so i feel like Brookshire is an appropriate place. thanks for your help.

I personally think you may want to read that section a bit more carefully. . . . . . .

You're welcome.

 

[xtxoxpxd]

I personally think you may want to read that section a bit more carefully. . . . . . .

what do you mean? also has this:


Sec. 15.092. CONTRACT. (a) Except as otherwise provided by this section, a suit on a written contract that promises performance at a particular place may be brought in the county and precinct in which the contract was to be performed.

(b) A suit on an oral or written contract for labor actually performed may be brought in the county and precinct in which the labor was performed.

(c) A suit by a creditor on a contract for goods, services, or loans intended primarily for personal, family, household, or agricultural use may be brought only in the county and precinct in which the contract was signed or in which the defendant resides.

(d) A contract described by Subsection (c) may not waive the venue provided by that subsection.

 

[quincy]

what do you mean? also has this:


Sec. 15.092. CONTRACT. (a) Except as otherwise provided by this section, a suit on a written contract that promises performance at a particular place may be brought in the county and precinct in which the contract was to be performed.

(b) A suit on an oral or written contract for labor actually performed may be brought in the county and precinct in which the labor was performed.

(c) A suit by a creditor on a contract for goods, services, or loans intended primarily for personal, family, household, or agricultural use may be brought only in the county and precinct in which the contract was signed or in which the defendant resides.

(d) A contract described by Subsection (c) may not waive the venue provided by that subsection.

Based on your second post, there are many locations where you could potentially file your suit. However, if your suit is not filed in the county where the DJ lives, he could file a motion objecting to the venue.

See http://www.statutes.legis.state.tx.us/SOTWDocs/CP/htm/CP.15.htm, Section 15.002(b).

If you are handling this yourself, it may not be all that costly should a motion to change venue be filed by the DJ. When you involve an attorney, every motion filed means additional time and dollars spent. But I understand it is also additional dollars for you to file your suit on the west side of the state, when you consider travel costs between Houston and El Paso.

So, it is up to you. While it is generally wisest to file in the county or precinct where your defendant lives, you have access to the law and you can review it or you can review the entire matter with an attorney in Houston to weigh the pros and cons of each location.

 

[xtxoxpxd]

Based on your second post, there are many locations where you could potentially file your suit. However, if your suit is not filed in the county where the DJ lives, he could file a motion objecting to the venue.

See http://www.statutes.legis.state.tx.us/SOTWDocs/CP/htm/CP.15.htm, Section 15.002(b).

If you are handling this yourself, it may not be all that costly should a motion to change venue be filed by the DJ. When you involve an attorney, every motion filed means additional time and dollars spent. But I understand it is also additional dollars for you to file your suit on the west side of the state, when you consider travel costs between Houston and El Paso.

So, it is up to you. While it is generally wisest to file in the county or precinct where your defendant lives, you have access to the law and you can review it or you can review the entire matter with an attorney in Houston to weigh the pros and cons of each location.

thank you for elaborating. i don't think (2) and (3) are satisfied given that its just as inconvenient for me to go to el paso as it is for him to come to houston. esp considering he does business in houston already. but regardless - filing in el paso is out of the question so i just wanted to be comfortable that i had ground to stand on to file here. if he wants to file a motion to change venues, fine i'll deal with that. but mostly i wanted to make sure a civil suit here was possible so i could tell him i planned to file. best case scenario is that motivates him to finally pay me.

 

[quincy]

thank you for elaborating. i don't think (2) and (3) are satisfied given that its just as inconvenient for me to go to el paso as it is for him to come to houston. esp considering he does business in houston already. but regardless - filing in el paso is out of the question so i just wanted to be comfortable that i had ground to stand on to file here. if he wants to file a motion to change venues, fine i'll deal with that. but mostly i wanted to make sure a civil suit here was possible so i could tell him i planned to file. best case scenario is that motivates him to finally pay me.

The threat of a lawsuit sometimes works wonders.

Good luck.