What is the name of your state (only U.S. law)? Illinois (Cook County)
My fiancee recently sent $1,600 to Mexico through a money transfer store here. When the other party went to pickup the money, they were told the number was invalid. I called the sending company (Viamericas) and was told the store cancelled the transfer 16 minutes after it was sent.
So I went to the store, hoping it was just a mixup, but no. The woman there (owner) said that because my fiancee's sister cashed a fraudulent $800 check, they aren't giving us the $1600 until she returns the money and says who she is working for. Even though it doesn't matter, because her sister has nothing to do with us, I will say that her sister still has the check, they never cashed it. I talked to the owner's husband, and he said they have seen a lot of fraud there, so it looks like we are the ones he is trying to make some crazy statement with. He isn't interested in fixing this, saying we won't see one cent until he sees the sister in his store with the money.
I sent a registered letter to the corporation (comprised of 3 stores, run by the man and woman I talked to) stating that I will be filing a lawsuit in 10 days if an effort is not made to resolve this problem. No effort has been made, so its crunch time. Here are my questions:
1. Even though the transfer was made in the name of my fiancee, can I be on the lawsuit as well, because $900 of that was mine. If not, is there a way I can speak on behalf of her in court?
2. Since it is a corporation, I only name the company as defendant, not the owners, correct?
3. In cook county, the pro se limit is $1500, can we waive our right to an attorney to sue for more than that?
4. Can we sue for more than the $1600 since they accepted the money with malicious intent, essentially defrauding us? Also, this money wasn't for fun and games, the family in Mexico is suffering without essentials they need from these funds, and one kid couldn't go to school for this summer period because they didn't have the money we sent.
Thanks a lot for any help. I talked to a few attorneys, and they said to just write off the $1600 loss because their fees would be so much. I also contacted the attorney general, but because it only happened to us and not others I don't imagine I will get a good response.