Appellate Practice Attorney serving New York, NY
Something can be both a crime and a civil claim, but not a "civil crime." Here, you have a civil claim (breach of contract and possibly tort claims) and possibly a crime as well. To address the possible crime, you should contact the police (although, depending on the circumstances, they may tell you that it is a civil matter only). For the civil claims, you have to sue the person/entity which was supposed to repay you and didn't. You can hire an attorney to represent you in the lawsuit, but for such a relatively small sum, it might be better to represent yourself if you feel comfortable doing so.
One question - did you loan the money or did you invest it? You refer to the transaction as an investment, but investing means taking the risk that the business will fail and you will never get your investment back, although you can make a lot of money if the business succeeds. Conversely, if you loan money to a business the borrower is obligated to repay you, but you would only get your money back, you wouldn't share in the appreciation if the business was very successful. Of course, you can structure your transaction to be a combination of the two.
I ask whether the transaction was a loan because there are laws against usury, and loans which require interest to be paid above the legal rate in NY (which I believe is 16% annually for individual borrowers, 24% annually for corporate borrowers) may not be enforced by the courts.
Answered on Sep 20th, 2018 at 9:28 AM