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?
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
