Alpharetta, GA asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for Georgia

Q: got scammed by electrician - need an advise

I am using LLC to renovate an investment house.

I got scammed by electrician , he is a convicted felon, and he was unable to provide certificate to complete the city inspection as agreed with him.

Since he has financial issues, he asked me to sent the funds for this work to his girlfriend, using zelle.

which should have raised a red flag, but i am dumb.

My question is , can my LLC take his girlfriend to small claims court and try to recover the funds?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: When dealing with a situation where you feel scammed, it's understandable to explore all options to recover your funds. In your case, the complicating factor is that the payment was made to the electrician's girlfriend, not directly to the electrician himself. However, if you have a contract or agreement with the electrician that outlines the work to be completed and the payment terms, and it can be shown that the payment to his girlfriend was done at his request and for the purpose of fulfilling this contract, then your LLC may have grounds to take legal action.

Taking someone to small claims court typically involves directly involved parties. Since the agreement was with the electrician, and not his girlfriend, the court would need to establish a clear link that the girlfriend was acting as an agent for him or was directly involved in the contractual agreement. Documentation of the request to send funds to her account, such as text messages or emails, would be crucial in establishing this link.

Before proceeding, it might be wise to consult with an attorney to review the specifics of your case, including any communication you had with the electrician and his request to send the funds to his girlfriend. An attorney can advise on the likelihood of success in small claims court and whether your LLC can indeed pursue action against the girlfriend to recover the funds. Remember, legal advice tailored to your situation can provide a clearer understanding of your options and the best path forward.

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