QUESTION
If I gave a sponsor money to place an order for coffee/tea & she never placed the order, how can I get my money back from her?
Asked on Dec 06th, 2013 on Civil Litigation - Alabama
More details to this question:
This was part of a network marketing scheme for a coffee/tea biz. In July, this lady in Arizona solicited me to sell coffee/tea & she was suppose to be my sponsor & place the order since I hadn't gotten started yet, She took the $245 from my PayPal acct. & the I haven't seen the product or my money since. She has put me off several times as recently as last Sat.!! She told me early in November that she was expecting a check around the middle of Nov. So, I waited until the end of Nov & asked her where was the money. She told me it was sent out last Friday. I gave it until Wed because my bank said it could take up to 3 days to credit my account. This woman has outright lied to me twice and that's just wrong. This is other people's money that I entrusted to her to get the coffee and send it to me to distribute!! Can she be sued? I have all my texts and I can get affidavits from all the people who ordered coffee but never received it, too.
1 ANSWER
Yes you can sue her. You gave the woman money to do something. She has neither done it, nor returned the money.
It appears that you have plenty of proof, but you should be aware that affidavits are hearsay (an out of court statement offered to prove the truth of the matter asserted), and normally are not admissible at trial. The rules of evidence may be more relaxed in your local small claims court, however.
Answered on Dec 06th, 2013 at 3:31 PM