Should I file a Small Claims suit or go with a Class Action suit?

[NoSpamPlease]

The business owner is in breach of a written or verbal contract. That is what makes it a civil issue and not criminal (AT THIS POINT).

Thanks again for your reply.

Ok so ... at what point does it become criminal? He smokes drugs in his work establishment. I know because I was there when he did some. My notes that I gave to the police department reflect that. I just now remembered he told me he does not have a Medical Marijuana license.
I'm not interested in him being charged for smoking pot and I don't care that he smokes it. He must somehow be STOPPED from stealing tens of thousands of dollars from innocent people in the community that he does "business" with and be forced to REPAY us. No??

 

[PayrollHRGuy]

His business practices could become a criminal issue but other than multiple complaints to the prosecutor/police/Attorney General it isn't going to happen.

You need to take action to get YOUR money back and the best way to do that is in civil court. You are going to have to pierce the corporate veil of his multiple LLCs to do that.

 

[NoSpamPlease]

Because apparently an attorney has suggested it. I certainly did not make the suggestion.



Maybe, maybe not. A business that cheats its customers in the manner that this business is cheating its customers is either doing really poorly or the owner is syphoning money away from the business. I suspect the later. If I am correct, the owner is likely selling the precious metals as fast as he is getting them.

Thanks again for your help. People think when they go to his store that he sells gold and silver. His old store that I went to when I first met him was huge. I can't often tell real gold from fake gold from a distance, especially when price tags are displayed on each piece of jewelry, and they are for hundreds of dollars and more ($499, $799, $999, $1299.00, etc. ).

Since his move in April, his store is much smaller so it appears as though he has a lot of inventory. What he actually has is a large selection of fake jewelry including fake Rolex watches I saw in one of the showcases.

When we were on friendlier terms in the beginning, he would tell me how his parents (who own a huge jewelry store on Stirling Road) cover for him. He said something about what he does, come tax time, that did not sound legal to me but I didn't think much of it at the time although I do recall saying to him ... one day they might get caught.

So what I learned that he did with my jewelry is, he sold it to someone he knows, they gave him a TON of $, he pocketed the money (paid his bills, bought more drugs, whatever) and then as he sold other items, or did repairs, he would pay me a couple hundred here and there.

But then in April he made a mistake and took an attorney's diamond ring that belonged to the attorney's wife, that he gave Maurice to repair, and Maurice repaired the ring and took out the real diamonds and replaced them with fake ones. When the attorney went back to get the repaired ring, apparently he or his wife noticed the diamonds were not the same ones and he and Maurice got into a physical altercation and the police were called and apparently the attorney was arrested, which is why he has retained his own counsel.

The lady who asked me to join the Class Action suit forwarded me a copy of an email she sent to the Davie Police Dept's Chief of police regarding that issue asking how they could arrest the attorney and not arrest Maurice for the crimes he has committed against so many people.

I'm overwhelmed knowing how many people this guy has ripped off and how long he has been doing this. Even if I had looked him up on the Internet before I gave him all of my jewelry, I would not have known what he was because that info is limited. The lady forwarded me facts she got from paying TruthFinder to obtain his criminal record and I was shocked.

I haven't heard back from the lady after I notified her earlier today that I would not be joining her in the Class Action lawsuit. I'm sure she's not very happy. She is in her mid 80's and is not well at all - on oxygen 24/7 now. But she is wealthy and I am not.

Thanks again, very much to everyone for responding to my posted question.

Every bit of info I get is important to me and any advice I can use is greatly appreciated.

 

[NoSpamPlease]

His business practices could become a criminal issue but other than multiple complaints to the prosecutor/police/Attorney General it isn't going to happen.

You need to take action to get YOUR money back and the best way to do that is in civil court. You are going to have to pierce the corporate veil of his multiple LLCs to do that.

Thanks but ... I looked up "piercing a corporate veil" and it seems to me that would require an attorney's expertise.

"Piercing the corporate veil" refers to a situation in which courts put aside limited liability and hold a corporation's shareholders or directors personally liable for the corporation's actions or debts. Veil piercing is most common in close corporations. A key reason that business owners and managers choose to form a corporation or limited liability company (LLC) is so that they won't be held personally liable for debts should the business be unable to pay its creditors. ... When this happens it's called "piercing the corporate veil."

I need a double lung transplant ... that was just recently denied. I'm feeling more and more hopeless as the hours go by today.

 

[LdiJ]

Just don't be disappointed if you win a judgment against him and cannot collect from him. A shop full of fake jewelry is not going to do you much good when it comes time to collect.

 

[NoSpamPlease]

Just don't be disappointed if you win a judgment against him and cannot collect from him. A shop full of fake jewelry is not going to do you much good when it comes time to collect.

Yes, so I have been told. But he has repaid some of the judgments against him. I think he repaid or Chase Bank settled for approximately $57,000. So he is earning money. He does repairs (sends the jewelry to his repair guy) for customers. Some people do buy fake jewelry, especially if it looks real.

It would be nice if the department that issued his business license could/would suspend it until he can come up with money to pay off his debts. You know, like the law does with people who, for example, can't pay their child support payments? They lock them up so they can't work and earn money and miraculously somehow they (or their family or friends) come up with whatever money is needed to get them out of jail. Maybe I can ask the small claims judge if that's a possibility? Thanks again for coming back here to my post.

 

[PayrollHRGuy]

It would be nice if the department that issued his business license could/would suspend it until he can come up with money to pay off his debts. You know, like the law does with people who, for example, can't pay their child support payments?

Unlike child support, there is currently no court order that he pay.