Basic questions to begin with about small claims court

[nvedia]

What is the name of your state (only U.S. law) New York

I would be describing my situation in detail in next thread but for now I have few very basic questions

I stay in NJ and I sent around $3000 to someone in NY state(who said he would use it for Business) and he promised he would be sending me principal + profits within 4 months but I have only got $400 back
The money was sent in Feb 2014 and I only have email proof of him agreeing that he would send everything back in 4 months.

Questions
1. Since I stay in NJ and another person stays and has Business in NY. Should I file a case against him in NY state court?
2. Its been 15 months now since everything started. What is the length of time I can still file a case against him? I read in few threads there is certain time during which amount should be claimed
3. I am guessing that a written and signed contact is always the best thing but I can still take emails as proofs . Right? I have replies to him for few weeks ago and every month he keeps giving me new dates with no returns
4. Lately he has stopped taking my phone calls, not replying to emails or SMS messages . He does has a genuine online Business. Would it be a bad idea to expose him publicly that he is trying to scam me(since I have all the proofs about money sent and emails etc) ? I mean if I just create a website and just expose him(in an attempt that he returns the money), do I have anything to worry later when I plan to sue him (which looks like should be soon)

 

[Proserpina]

Suing is the easy part. Collecting is much more difficult.

This should help: https://www.nycourts.gov/COURTS/nyscourtofclaims/faq.shtml

 

[nvedia]

Thanks
Can someone answer other questions asked in the thread?
Also, phone call conversations recordings can also be produced as evidence in the court?

 

[Zigner]

What is the name of your state (only U.S. law) New York

I would be describing my situation in detail in next thread but for now I have few very basic questions

I stay in NJ and I sent around $3000 to someone in NY state(who said he would use it for Business) and he promised he would be sending me principal + profits within 4 months but I have only got $400 back
The money was sent in Feb 2014 and I only have email proof of him agreeing that he would send everything back in 4 months.

Questions
1. Since I stay in NJ and another person stays and has Business in NY. Should I file a case against him in NY state court?
2. Its been 15 months now since everything started. What is the length of time I can still file a case against him? I read in few threads there is certain time during which amount should be claimed
3. I am guessing that a written and signed contact is always the best thing but I can still take emails as proofs . Right? I have replies to him for few weeks ago and every month he keeps giving me new dates with no returns
4. Lately he has stopped taking my phone calls, not replying to emails or SMS messages . He does has a genuine online Business. Would it be a bad idea to expose him publicly that he is trying to scam me(since I have all the proofs about money sent and emails etc) ? I mean if I just create a website and just expose him(in an attempt that he returns the money), do I have anything to worry later when I plan to sue him (which looks like should be soon)

You made an investment, not a loan. Just keep that in mind.

The following assumes that this was actually a loan (which I don't think it was):

1) You would sue in the defendants location.
2) You have six years from the time he should have repaid you.
3) Emails can be faked. Don't count on using them as evidence.
4) Don't defame the other party - that's an easy way to end up being the defendant in a lawsuit.


Lastly: Don't start a separate thread for more questions. Just continue this one.

 

[nvedia]

You made an investment, not a loan. Just keep that in mind.

The following assumes that this was actually a loan (which I don't think it was):

1) You would sue in the defendants location.
2) You have six years from the time he should have repaid you.
3) Emails can be faked. Don't count on using them as evidence.
4) Don't defame the other party - that's an easy way to end up being the defendant in a lawsuit.


Lastly: Don't start a separate thread for more questions. Just continue this one.

Thanks for the reply

I understand emails(print) can be faked but judges would understand and emails would be an issue only when the defendant denies those emails were sent by him. I read in another thread that take any proof you have in the court and it doesnt hurts (since I dont have written contracts )

BTW, I and him both are member on an internet forum where he posted about asking for money and wrote about the promise of returning within 4 months. The thread on the forum is still intact(thanks to moderator there)
I understand if he really has bad intentions, he can always get defensive stating that he lost all the money in the Business, but its not true

Since I have six years it means I can spend some more time to wait and obtain more proofs meanwhile
Can you please let me know what other kind of proofs I can get to make my case stronger?
Also, to discuss specifics about my case, from where can I hire a lawyer if the need be(or what do I search for) ?

 

[Proserpina]

Thanks for the reply

I understand emails(print) can be faked but judges would understand and emails would be an issue only when the defendant denies those emails were sent by him. I read in another thread that take any proof you have in the court and it doesnt hurts (since I dont have written contracts )

BTW, I and him both are member on an internet forum where he posted about asking for money and wrote about the promise of returning within 4 months. The thread on the forum is still intact(thanks to moderator there)
I understand if he really has bad intentions, he can always get defensive stating that he lost all the money in the Business, but its not true

Since I have six years it means I can spend some more time to wait and obtain more proofs meanwhile
Can you please let me know what other kind of proofs I can get to make my case stronger?
Also, to discuss specifics about my case, from where can I hire a lawyer if the need be(or what do I search for) ?

How are you going to prove any of his claims false?

As I feared, this is an investment deal - think MLM - and that's likely going to sink you.

 

[nvedia]

How are you going to prove any of his claims false?

As I feared, this is an investment deal - think MLM - and that's likely going to sink you.

No its not MLM
Its a business about selling concrete products in US(I have proofs about it)

 

[Proserpina]

No its not MLM
Its a business about selling concrete products in US(I have proofs about it)

Amway also sells products, yet it's one of the biggest MLM companies in the country. In other words, having a tangible product by no means indicates the company/seller is on the up and up.

 

[nvedia]

Amway also sells products, yet it's one of the biggest MLM companies in the country. In other words, having a tangible product by no means indicates the company/seller is on the up and up.

Its not Amway
I know what the product is but can't disclose it here
Not sure why we are deviating from original questions

 

[nvedia]

Does anyknow knows how to find a lawyer for small claims court ?

 

[Ohiogal]

Does anyknow knows how to find a lawyer for small claims court ?

IN small claims court you are on your own for the most part.

 

[quincy]

Does anyknow knows how to find a lawyer for small claims court ?

Here is a link to information on New York small claims actions, written by the FreeAdvice staff:

https://law.freeadvice.com/small_claims/small_claims/new-york-small-claims-court.htm

Included in this information is a link to New York Small Claims Attorneys, made available through FreeAdvice's "Attorney Pages."

FreeAdvice and Attorney Pages is not a referral service, however, and FA states it is not responsible for the advice offered by any attorney listed.

You can also check out the New York Bar Association for direction to a small claims attorney in your area of New York. Here is a link to the NY Bar Association: http://www.nysba.org/

 

[nvedia]

Here is a link to information on New York small claims actions, written by the FreeAdvice staff:

https://law.freeadvice.com/small_claims/small_claims/new-york-small-claims-court.htm

Thanks quincy

If the defendant starts saying it was an investment, can I still fight to get back the principal? Does he has to prove that he used the investment and lost all the money in the Business?

 

[nvedia]

Can someone answer this question?
If defendant says it was an investment, can I still fight to get back the principal?

 

[quincy]

Can someone answer this question?
If defendant says it was an investment, can I still fight to get back the principal?

Yes. It can be possible to recover investment losses through a lawsuit.

That said, you would be smart to seek out the help of an attorney in your area, which is why I provided the links that I did.

Good luck.