What is the name of your state (only U.S. law)? New York
So I sell on eBay, and in August I had an issue with my Paypal account and needed a new one. Because of this, I asked my best friend of about 9 years to use his account for a while until the issues were sorted out and I could use my own again. I agreed to kick him back $300 for the favor.
Over the next two months, I had about $5,000 in sales on his account, of which I transferred $4,100 to his bank account. He also spent $150 on personal items, as part of his $300. An additional $500 was transferred to a Paypal account under my name in early September, and the rest was spent on business expenses or remains in the account balance.
I live in a different city from him most of the time, but it is a short drive and I usually come about once every month or two to visit my parents. The plan was for him to give me the cash when I was in town. I was in town 3 weeks ago, and when I saw him on Saturday, he said he could make it to the bank the day before (I had called him and told him I need the cash on Saturday several days before). I came this weekend, saw him Friday night, and he gave me the same story. I am still in town until Tuesday afternoon, and I intend to drive to his house at 8:45am on Tuesday without prior notice and tell him we're going to the bank.
If he is nowhere to be found or refuses, at which point can file a lawsuit, and how do I go about doing so?
There is no formal written contract between me and him, however I can clearly prove that all inflows from the account were sales either from the eBay account in my name, or direct payments from my customers- for which I have email correspondence as proof.
Also, what are the criminal implications on him for this? I am horribly mad at this a$$hole and want to see him go to jail for this, or at least tell him what the consequences will be to make him pay.
Thanks for the advice~
So I sell on eBay, and in August I had an issue with my Paypal account and needed a new one. Because of this, I asked my best friend of about 9 years to use his account for a while until the issues were sorted out and I could use my own again. I agreed to kick him back $300 for the favor.
Over the next two months, I had about $5,000 in sales on his account, of which I transferred $4,100 to his bank account. He also spent $150 on personal items, as part of his $300. An additional $500 was transferred to a Paypal account under my name in early September, and the rest was spent on business expenses or remains in the account balance.
I live in a different city from him most of the time, but it is a short drive and I usually come about once every month or two to visit my parents. The plan was for him to give me the cash when I was in town. I was in town 3 weeks ago, and when I saw him on Saturday, he said he could make it to the bank the day before (I had called him and told him I need the cash on Saturday several days before). I came this weekend, saw him Friday night, and he gave me the same story. I am still in town until Tuesday afternoon, and I intend to drive to his house at 8:45am on Tuesday without prior notice and tell him we're going to the bank.
If he is nowhere to be found or refuses, at which point can file a lawsuit, and how do I go about doing so?
There is no formal written contract between me and him, however I can clearly prove that all inflows from the account were sales either from the eBay account in my name, or direct payments from my customers- for which I have email correspondence as proof.
Also, what are the criminal implications on him for this? I am horribly mad at this a$$hole and want to see him go to jail for this, or at least tell him what the consequences will be to make him pay.
Thanks for the advice~