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Do I Have Enough Info to a Sue Defendant in Small Claims

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xzbit

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

Amount: $5250

A shady recruiter owes me money since September 2011. He has made several promises to return my money but hasn't done it, so I've decided to sue in small claims court.

I have his office and home address. Will I still face a problem serving him the court documents. Should I first try the certified mail route or directly go for a professional serving agency.

I have a copy of the check that has the amount and account details on it and some email conversations we had about the $5250 "fee" that I paid him.

Any kind of advice would be appreciated.

Thanks!
 


sandyclaus

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

Amount: $5250

A shady recruiter owes me money since September 2011. He has made several promises to return my money but hasn't done it, so I've decided to sue in small claims court.

I have his office and home address. Will I still face a problem serving him the court documents. Should I first try the certified mail route or directly go for a professional serving agency.

I have a copy of the check that has the amount and account details on it and some email conversations we had about the $5250 "fee" that I paid him.

Any kind of advice would be appreciated.

Thanks!
Without details of why you think you are owed this money, no one is going to be able to figure out if there is enough evidence for you to win. The FA Crystal Ball is out for repairs.
 

xzbit

Junior Member
Sorry for not providing enough information. Thought I'd keep it short and to the point, but in the process left out key pieces of information.

Okay, in August 2011 a recruiter offered me a job for a "fee" of $5250 (as security) which he promised to pay me back once Ive completed 6months or so on the job. I was foolish enough to go for it cause a friend of mine had already taken up a similar job offer with the same recruiter. So I payed him the fee by check and signed the offer letter (where the $5000 pay back is mentioned). I later got a better offer from my existing employer so I decided to stay back as it was a safer option. When I went back to the recruiter to cancel the offer he said I need not worry as he would refund me the entire amount and he just needed a couple of weeks to get it done. But the weeks turned into months as he kept making false promises and never paid me back my money.

So I stopped calling or meeting him and hired a lawyer. The lawyer sent him an intimidating note with the intention of solving this matter without going to court, but the recruiter never replied. I cannot afford lawyer fees to sue this person so decided to sue him myself in small claims court.

Do you think I have a good case against the defendant?

Thanks!
 

Proserpina

Senior Member
Sorry for not providing enough information. Thought I'd keep it short and to the point, but in the process left out key pieces of information.

Okay, in August 2011 a recruiter offered me a job for a "fee" of $5250 (as security) which he promised to pay me back once Ive completed 6months or so on the job. I was foolish enough to go for it cause a friend of mine had already taken up a similar job offer with the same recruiter. So I payed him the fee by check and signed the offer letter (where the $5000 pay back is mentioned). I later got a better offer from my existing employer so I decided to stay back as it was a safer option. When I went back to the recruiter to cancel the offer he said I need not worry as he would refund me the entire amount and he just needed a couple of weeks to get it done. But the weeks turned into months as he kept making false promises and never paid me back my money.

So I stopped calling or meeting him and hired a lawyer. The lawyer sent him an intimidating note with the intention of solving this matter without going to court, but the recruiter never replied. I cannot afford lawyer fees to sue this person so decided to sue him myself in small claims court.

Do you think I have a good case against the defendant?

Thanks!


It would seem though that you broke the contract - I'm still not convinced that you have a case against the recruiter, because you didn't fulfill the terms of the agreement.
 

xzbit

Junior Member
It would seem though that you broke the contract - I'm still not convinced that you have a case against the recruiter, because you didn't fulfill the terms of the agreement.
First of all thank you for reading my case!

I guess you have a point. For me to have a poor case, does it need to be explicitly mentioned in the contract/offer letter that I need to work for the recruiter for 6 months? I'm asking this cause the 6months thing was verbally mentioned and I dont see anything about it in the contract. It only talks about salary, leaves and other confidentiality/copyright/etc related information. Also, for me to legally work for him, a H1-B visa needs to be filed, which never happened.

So my question is, if I technically never started working for him, will the contract hold any importance?

Thanks!
 

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