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  1. #1
    mateo87 is offline Junior Member
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    Question Money Transfer Cancelled By Agent, Refund Refused

    What is the name of your state (only U.S. law)? Illinois (Cook County)

    Hi,

    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.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by mateo87 View Post
    What is the name of your state (only U.S. law)? Illinois (Cook County)

    Hi,

    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.
    The company CANNOT hold your fiancee responsible for payment of a debt incurred by her sister. I'm sure they are trying to put pressure on your fiancee to convince her sister to come forward and make good on her debt, but they are doing it in a way that is certainly not legal.

    That being said, if the agent withheld the funds given by your fiancee for the money transfer, it is being done in bad faith, but calling it fraud is a stretch. And only your fiancee can sue because it was she who gave the funds for the transfer and signed the paperwork. You cannot join the claim because as far as the transfer goes, you had no business relationship or involvement.

    I'm doing my research and I can find nothing where it limits a pro se plaintiff to a $1500 maximum claim. The court limit is $10,000, and it suggests but does not require that an attorney represent you, and does not give a different filing limit for pro se vs. attorney represented that I have found.

    You would name the company AND the co-owners as defendants, because the co-owners probably act as franchisees AND because it is they that have withheld the funds from your fiancee.
  3. #3
    mateo87 is offline Junior Member
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    Thanks. Here is the cook county site: [url=http://198.173.15.31/newsite/?section=PROSEPage&PROSEPage=Lawsuits]Cook County Clerk of the Circuit Court[/url]

    Which states:



    The Pro Se Court section of the Civil Division resolves disputes between parties where the amount at issue does not exceed $1,500. The party may act as their own attorney. For more information on pro se cases, please call the Civil Division for the First Municipal District (Chicago), which is located on the sixth floor of the Richard J. Daley Center (312) 603-5626.
    Being done in bad faith was the terminology I was looking for, fraud was a bit of a stretch. I guess my main question now is are we going to be able to receive more than the $1600, or is that really going out on a limb?
  4. #4
    justalayman is offline Senior Member
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    if you sue in the court you are asking about, the most you can be awareded is $1500. That's it.

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