Fraud in delaware

[katie33kate]

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

I am looking to find out if I can sue someone in Delaware for fraud in small claims court.

In 2012 I was told by my boss that I had to pay him for the cost of a room provided by the company. It was a deposit...would be returned in full when I left. I paid him in cash. On that day I was departing I made a point to talk to the person in charge of rooms, deposit, etc. she confirmed that the room was clean...BUT..she never received any money from my boss! I sent a text message to him straight away. He confirmed that he received the money from me and that "I never said I paid for the room with it". "I will pay you as soon as I can". All in text from his cell phone
so...in 2013 he was gone. Didn't work there, no one knew where he went. In 2014, I heard he was back...I took my complaint to management, they said I had to be in Delaware to file the complaint. In 2015, since we were both back, I took the complaint in person to management....he had already left for the year, so they could do nothing until the new year. But, I made sure that all the documentation was filed ...signed and notarized.

Now 2016, he is here, I am here....now management says they cannot do anything because the complaint is too old.
.ok....I was defrauded out of this money. Back in 2012 he insisted I had to give him the money for the room...then he put it in his own pocket...he admits it! Can I still file in small claims? What it the SOL on fraud in Delaware?

 

[Proserpina]

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

I am looking to find out if I can sue someone in Delaware for fraud in small claims court.

In 2012 I was told by my boss that I had to pay him for the cost of a room provided by the company. It was a deposit...would be returned in full when I left. I paid him in cash. On that day I was departing I made a point to talk to the person in charge of rooms, deposit, etc. she confirmed that the room was clean...BUT..she never received any money from my boss! I sent a text message to him straight away. He confirmed that he received the money from me and that "I never said I paid for the room with it". "I will pay you as soon as I can". All in text from his cell phone
so...in 2013 he was gone. Didn't work there, no one knew where he went. In 2014, I heard he was back...I took my complaint to management, they said I had to be in Delaware to file the complaint. In 2015, since we were both back, I took the complaint in person to management....he had already left for the year, so they could do nothing until the new year. But, I made sure that all the documentation was filed ...signed and notarized.

Now 2016, he is here, I am here....now management says they cannot do anything because the complaint is too old.
.ok....I was defrauded out of this money. Back in 2012 he insisted I had to give him the money for the room...then he put it in his own pocket...he admits it! Can I still file in small claims? What it the SOL on fraud in Delaware?

You can read here: http://statelaws.findlaw.com/delaware-law/delaware-civil-statute-of-limitations-laws.html

 

[tranquility]

I don't know nor will look up SOLs in Delaware as limitations are hard. While they seem simple, they are hard core civil procedure where all the facts really matter.

But, as to the claim of "fraud", I'm not sure I would go there. Unless the money is existential to your job, I think I would not even try to make the argument. Fraud requires intent. As a practical matter, intent is hard to prove. As a realistic matter, accusing your boss of fraud is a sure way to make sure your resume is up-to-date.

 

[katie33kate]

I don't know nor will look up SOLs in Delaware as limitations are hard. While they seem simple, they are hard core civil procedure where all the facts really matter.

But, as to the claim of "fraud", I'm not sure I would go there. Unless the money is existential to your job, I think I would not even try to make the argument. Fraud requires intent. As a practical matter, intent is hard to prove. As a realistic matter, accusing your boss of fraud is a sure way to make sure your resume is up-to-date.

Hummmm

As to "existential", yes the room is absolutely necessary to the job. I could not have held the job without the room provided by the employer. This is why they offer rooms to employees. The room is on the premises. Is that what you mean?

The man is no longer my boss....hasn't been since he cheated me out of this money. Last year, management told me they would get me my money before Christmas....then, nothing. Just the story about how we both had to be in the same place for it to proceed. Now, neither one of us actually "has" to be in Delaware...it just happens that now we are. And I was induced into waiting for this to happen.

Will the case be thrown out because I was led to believe that if I waited this would be resolved within the business.? It is fraud. His actions demonstrate this. He took the money from me in May and he pulled out of Delaware in Nov, knowing I was going to stay until Dec. He had my money for 8 months...never paid for the room in all that time. He took other money from me to pay for other things...and come to learn. He never paid for them either. This, however, this is the only one I can prove with his own words.

As for that link....it is interesting. All it says for SOL on fraud is. "-"

In the table where it shows timeframes for everything else...on fraud it just shows a - Meaning what?

 

[quincy]

Hummmm


As for that link....it is interesting. All it says for SOL on fraud is. "-"

In the table where it shows timeframes for everything else...on fraud it just shows a - Meaning what?

The statute of limitations for fraud in Delaware is (generally) 3 years.

 

[katie33kate]

Then...

The statute of limitations for fraud in Delaware is (generally) 3 years.

I think I can argue that the SOL tolled for the year he disappeared. No one could find him...and lots of people were looking (mostly..like me, trying to get their money back from him).

Also...last year...it was an official of the state that told me he would get my money back for me. In his official capacity, he was set to investigate and resolve. So..I would also argue that the SOL of three years was met, I brought this to a state official who had me wait on him.

I think I can claim this is inside the sol because it tolled for these two reasons. What do you think?

 

[OHRoadwarrior]

i think you should call the state official, bat your eyes and ask him where the money he retrieved for you is.

 

[Proserpina]

I think I can argue that the SOL tolled for the year he disappeared. No one could find him...and lots of people were looking (mostly..like me, trying to get their money back from him).

Also...last year...it was an official of the state that told me he would get my money back for me. In his official capacity, he was set to investigate and resolve. So..I would also argue that the SOL of three years was met, I brought this to a state official who had me wait on him.

I think I can claim this is inside the sol because it tolled for these two reasons. What do you think?

I think you are not going to be successful in your endeavor, I think you need to read tranquility's post again, and I think you have an interesting post history.

That's what I think.

 

[Proserpina]

i think you should call the state official, bat your eyes and ask him where the money he retrieved for you is.

She'd probably have a better chance at success doing it that way.