Can I take legal action against someone who I havent heard from in 2 years?
2 years ago I invested $10k with someone who was starting a business in Mexico and was promising great returns. I paid by an official check issued by Wells Fargo. The business was opened in Mexico but I havent heard from that person in 2 years, after trying every possible way of contact. I have a notarized contract and the persons name and SSN. As of now, neither I or the family of the person I invested with knows where hes at. What are my best options at this point?
Answers:
To chalk it up to foolishness, to be perfectly honest. Bite the bullet and let it go.
I would have to ask myself what good could become of investing 10k to a business in mexico, he just took you for 10k.
Sounds like your friend is having a good time on your 10K in Mexico. You have a contract and his SSN. You can file a suit against him at his last know address. This will have to be published for three weeks. If there is no answer to your complaint, you can ask for a court date and at the hearing, if your friend doesn't appear, you can move for a default judgement for whatever the amount is. You can claim a variety of issues.. loss of income, interest, or just say your nerves are shot because he ran away with your money.
You will probably get a judgement against him, but collecting could be a different story.
As long as the judgement is there, it will appear on his credit report as an outstanding judgement and he could have trouble getting credit for anything. I don't know that credit is a concern to him though, but you will have won and the judgement is good for around 7 years. If he ever comes back into this country, you can move to collect.
Continue to try to get his address, or a city or something.
Good luck
You still have every right to sue him becuase anything signed by the notary public is valid for atleast 5 years, or it has to have an experation date on it.
MAYBE. You need to see an attorney ASAP. You are running against a Statute of Limitations. If you wait too long, you will NOT be able to sue. EACH STATE IS DIFFERENT, and state law will govern your dispute. Bring the contract with you to see the attorney. Having a written contract EXTENDS the Statute of Limitation in all jurisdictions.
Yes, you can make a report to a few different agencies.
(1) Police reporting a possible theft of your monies.
(2) Better Business Bureau
(3) The Mexican Consulate General
(4) Your US Congress and House Representative
Each of these agency(s) can assist you further, in knowing which will be the appropriate agency to talk to and file a complaint. Good luck to you !
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: