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No contract-No refund????Help Please

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pyrotalk

Junior Member
What is the name of your state? NJ

I went into an investment deal with my cousin. He owns a wholesale business that sells wedding clothes to big/small sized stores. My first investment was $10,000 (by check) for the 2004 year. There was no problems mainly because I had him signed a contract I made up. The contract is just a paper stating my objectives and the gains i will be getting and signed by both parties. The contract itself can be cancelled without any strings attached but there is a three month waiting period to receive all of my money. But the contract is not signed by any public notary. Is this any good? I was hoping to use this as a proof for small claims trial.
Now, the problem: For the next year investment,2005, I gave him another $10,000 (by check). I didn't had time to make up a contract. After some lapsed time, he told me he will not be paying me anytime soon. He figured since he is not bounded to anything, he can pay me whenever. What do I do?

I like to go thru the process of small claims trial but I don't know If I will win. The only proof I have is a copy of the check which is payed to his company name. Will this be enough? Since civil trial lawyers are expensive, where can I research how to defend myself in court?Will courts accept audio tape recordings as evidence,e.g. hidden recordings without the party's consent? Help me what to do?
 


JETX

Senior Member
pyrotalk said:
The contract is just a paper stating my objectives and the gains i will be getting and signed by both parties. The contract itself can be cancelled without any strings attached but there is a three month waiting period to receive all of my money. But the contract is not signed by any public notary. Is this any good?
Probably not. The problem here is.... as your own post says, this is an INVESTMENT and not a loan. There is NO obligation to return an investment.

What do I do?
First, stop 'investing' in this business. Second, try to get your investment back. Third, if you can't get it back, take a loss on your taxes and move on.
 

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