Best friend stole my $4,100

[Proserpina]

That's the only contract there is. At least I can threaten him with grand larceny charges....

No. That would be called "extortion". He wouldn't be in trouble - but you would be in a whole heap yourself.

 

[sandyclaus]

That's the only contract there is. At least I can threaten him with grand larceny charges....

An unenforceable contract is, by its very definition, UNENFORCEABLE. A court of law won't enforce it.

And grand larceny charges? Empty threats. You can't steal what already legally belongs to you. The police will just laugh in your face if you try to convince them otherwise.

You attempted to play the system and lost. Move on. I suggest that you stop while you're behind. It won't get any better. Stick a fork in it, you're DONE.

 

[Proserpina]

An unenforceable contract is, by its very definition, UNENFORCEABLE. A court of law won't enforce it.

And grand larceny charges? Empty threats. You can't steal what already legally belongs to you. The police will just laugh in your face if you try to convince them otherwise.

You attempted to play the system and lost. Move on. I suggest that you stop while you're behind. It won't get any better. Stick a fork in it, you're DONE.

That and the whole extortion thing...

 

[Sloop John D]

$4,100 belongs to you, and you are entitled to receive it from your friend. You may file a claim as soon as you wish, but it might be a good idea to speak with an attorney first. Even if you file in small claims where attorneys are generally not allowed to appear, an attorney may advise you prior to the appearance so you can be better prepared. Also remember that collecting on a judgment can be difficult and it is normally better to try and settle the matter without using the courts.

Now as for the confusion about Paypal and Ebay accounts...

The OP's issue is not with Paypal or Ebay, so the content of their TOS agreements shouldn't play a role here. Even if it did, the contract was between the OP and his friend for use of his friends accounts in exchange for $500. The $4,100 is unlikely to be considered part of the contract itself, and because the money is no longer in a Paypal or Ebay account, I see no reason why Paypal or Ebay would have any say in the result of what happens with those funds.

 

[quincy]

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

... 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. ... 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 ...

A lawsuit? Grand larceny charges? Wanting to see him go to jail?

I guess your definition of best friend is far different than mine.

I suggest you stick to your Plan A. See this friend of yours on Tuesday. If he doesn't have your money, ask him why. Go from there.

 

[Proserpina]

$4,100 belongs to you, and you are entitled to receive it from your friend. You may file a claim as soon as you wish, but it might be a good idea to speak with an attorney first. Even if you file in small claims where attorneys are generally not allowed to appear, an attorney may advise you prior to the appearance so you can be better prepared. Also remember that collecting on a judgment can be difficult and it is normally better to try and settle the matter without using the courts.

Now as for the confusion about Paypal and Ebay accounts...

The OP's issue is not with Paypal or Ebay, so the content of their TOS agreements shouldn't play a role here. Even if it did, the contract was between the OP and his friend for use of his friends accounts in exchange for $500. The $4,100 is unlikely to be considered part of the contract itself, and because the money is no longer in a Paypal or Ebay account, I see no reason why Paypal or Ebay would have any say in the result of what happens with those funds.

Attorneys are actually allowed in many states; it seems to be a commonly believed myth that you can't have an attorney.

Specifically, attorneys can represent you in small claims court in NY.

 

[Ohiogal]

That's the only contract there is. At least I can threaten him with grand larceny charges....

UNCLEAN HANDS. Really, google it. Read it. KNOW it. Your hands are NOT clean and therefore you could find yourself in a lot of trouble.

 

[Sloop John D]

UNCLEAN HANDS. Really, google it. Read it. KNOW it. Your hands are NOT clean and therefore you could find yourself in a lot of trouble.

I'm not following the unclean hands argument. While their contract may have called for a breach of the TOS agreement of Ebay and Paypal, a breach of a TOS agreement is not necessarily criminal.

And even if the contract were invalid due to unclean hands, it would only affect the contract for OP to use his friends account in exchange for $500. The result is that the OP can't use his friends account, and the friend doesn't get his $500. The $4,100 was not part of that contract and doesn't come into play.

 

[quincy]

I'm not following the unclean hands argument. While their contract may have called for a breach of the TOS agreement of Ebay and Paypal, a breach of a TOS agreement is not necessarily criminal.

And even if the contract were invalid due to unclean hands, it would only affect the contract for OP to use his friends account in exchange for $500. The result is that the OP can't use his friends account, and the friend doesn't get his $500. The $4,100 was not part of that contract and doesn't come into play.

The problem konradp will have is trying to convince a court that any of the money is his.

All of the money from the sold items was deposited in his friend's account and, unless konradp and his friend violated the agreements they had with PayPal and eBay , the money appears to belong to the friend.

Seeing an attorney to go over the facts probably wouldn't hurt konradp any, but the easiest and cheapest way for konradp to handle the matter is to talk to his long-time best friend and discover the reason for the delay in payment (if, in fact, all is not resolved to konradp's satisfaction tomorrow).

 

[TigerD]

Also promissory estoppel might affect the enforceability of this unenforceable contract? In business school I remember learning about justifiable reliance/promissory estoppel when it comes to contracts

Contact your business school. Tell them that unless they refund $4100, you will tell people you attended there.

Problem solved.

DC