Jan
29
Brian D asked:
I hired a copywriter in Utah. I live in NY. We set the terms of our agreement in writing, but have no dead line. I sent him a business check for $5,000.00 made out to him personally. It’s been almost 2 months and he keeps brushing me off, telling me I’ll have my sales letters next week. He’s repeated this process for 3 weeks now. How do I get my money back?
Wyman
I hired a copywriter in Utah. I live in NY. We set the terms of our agreement in writing, but have no dead line. I sent him a business check for $5,000.00 made out to him personally. It’s been almost 2 months and he keeps brushing me off, telling me I’ll have my sales letters next week. He’s repeated this process for 3 weeks now. How do I get my money back?
Wyman
Comments
5 Responses to “How do I get my money back from someone out of state?”
Leave a Reply
not easy when in another state.
Time to call the Attorney General in your state to advise you.
Lodge a claim in the small claims court.
You bought a service he has not provided it.
In the meantime before he knows your going to sue, try and get off him (get him to download if possible) all the work he has done, you may not loose everything.
Give a certified/registered notice requiring completion in 30 days or prodeeding with lawsuit for damages. Arrange preliminary discussions with a local atty.
Did you not check this person out? Hire and background person for this? Are you that trusting for a person like this? Did you learn a valuable lesson in this? I Hope so. I am not critizing you, i am just asking because you are NOT the only person who this person took.
My advice is this is NOT a small claims court. Small claims is under 2500.00 to me you need to hire and attorney with your attorney filing a case to this person. Now two things can happen:
First of all Why did you send him the check personally? YOU Never send the check to that person Personally!! Unless he has a business. To me you are in just as much as he is.
.
1- is that this person says that he does not have your copies that you wanted or is not finished and will send it when its done. You have to give ample time.
2 or IF he files bankrupt you are out of luck. If he states he has no money to pay you back you have no case. He can be one of those foreigners who take american monies without a signed contract. You can not do business without a signed contract by a notary. So to make it legal.
Sorry to say you are taken.. I feel so badly for you. I would seek lititgation and sue this man and then some have him pay for all your attorney costs, filing fees and docket stamps.
Send him a demand letter…stating in it the MANY times you have tried to contact him and his lack of responses to you…I would put a deadline in your demand letter…such as, “if you do not respond to this demand within 2 weeks I will have no alternative but to pursue legal action against you.” Also, send the letter CERTIFIED, return receipt requested. If he does not respond…sue him in small claims court. GOOD LUCK.