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Any Recovery from Accounting Scam?

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lwysocki

Junior Member
On March 7th, 2011 I entered into a contract with a CMA/CPA for prepaid accounting services. For $450, he and his partner were to prepare a financial analysis for my business start-up, prepare and file State Corporate Filings and Federal Employer ID number applications and advise me on accounting best practices for my business.

After 3 weeks I tried to contact his office to discuss progress on the service but he could not be reached. After leaving several messages for him and only speaking with his assistant who could not offer any details on the work, I wrote to cancel the services and request a refund on April 15th. I have received no response and after registering a complaint with the Department of Business Professional Regulation, I've come to find out that the "accountant" is not a Certified Public Accountant and his business was disbanded in 2010 after failing to file certain documents to the state.

I know it may be disadvantageous to sue him as the amount for the legal services is significantly less than legal and court fees, but I am wondering if there are any other options available to me in order to retrieve the money?
 


tranquility

Senior Member
Not unless what he did was criminal and the criminal courts convict and demand restitution. But, because of the amount and the circumstances I don't think there is going to be a criminal filing.
 

Zigner

Senior Member, Non-Attorney
On March 7th, 2011 I entered into a contract with a CMA/CPA for prepaid accounting services. For $450, he and his partner were to prepare a financial analysis for my business start-up, prepare and file State Corporate Filings and Federal Employer ID number applications and advise me on accounting best practices for my business.

After 3 weeks I tried to contact his office to discuss progress on the service but he could not be reached. After leaving several messages for him and only speaking with his assistant who could not offer any details on the work, I wrote to cancel the services and request a refund on April 15th. I have received no response and after registering a complaint with the Department of Business Professional Regulation, I've come to find out that the "accountant" is not a Certified Public Accountant and his business was disbanded in 2010 after failing to file certain documents to the state.

I know it may be disadvantageous to sue him as the amount for the legal services is significantly less than legal and court fees, but I am wondering if there are any other options available to me in order to retrieve the money?
This is the PERFECT case for small claims. However, you would STILL have to collect, even if you win.
 

lwysocki

Junior Member
This is the PERFECT case for small claims. However, you would STILL have to collect, even if you win.
Zigner, Could you elaborate on what you mean when you say that I would still have to collect even if I win? Is it reasonable to roll my legal fees into the amount I'm suing for and still expect it all to be rewarded?
 

LdiJ

Senior Member
Zigner, Could you elaborate on what you mean when you say that I would still have to collect even if I win? Is it reasonable to roll my legal fees into the amount I'm suing for and still expect it all to be rewarded?
You would still have to get the money from him one way or another. It would be a civil judgement so its not like he would be going to jail if he doesn't pay up after a judgement.

Yes, legal fees can be rolled into the amount you are suing for.
 

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