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Old 14th December 2010, 07:58 AM   #1
SBMarketingGuy
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Join Date: Oct 2008
Location: Orlando, FL
Posts: 46
Default Is A Lawsuit Worth Pursuing?

I bought a website / business from someone in Texas, I live in Florida and they lied about revenue and didn't deliver the entire collection of sites to me. In fact they lied about having the entire collection of websites / e-businesses completed and available to sell. I only made a 50% deposit on the purchase before the seller disappeared. He agreed to refund me the money in August, its now December and I don't think he is going to voluntarily give me a refund. I've tried contacting him and he doesn't respond. I have a e-mail records of our conversations, copies of our terms of agreement (which he violated). The sites were sold to me for $18,000; I paid $9,000 so far. I want to sue for damages, the $9,000 deposit, and operating costs I incurred while I waited for him to deliver the rest of websites (which were never delivered). So the total would be around $36,000.

I will need to retain an attorney in Houston, Texas as he lives near there, but I don't want to throw good money after bad. Should I cut my losses at the $9,000 or go through the additional expense and hassle of a lawsuit?

If he cannot afford to pay me back, which I think is the case, then how will I get my money?

Can I sell my judgment to a collection agency for a % of the total ?

Will my lawyer bill me at the end of the civil trial or will I have to come up with thousands every month to cover the bill?

Thanks,
SBMG

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Old 17th February 2011, 02:57 PM   #2
DinaEisenberg
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Join Date: Feb 2011
Location: Boston
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Default Try mediation

Yikes, that's tough. Sorry about that.

This is in no way legal advice, but here's what I'd do. I'd find an attorney in Texas (try asking the bar if they has a reduced fee panel) who practices mediation, too. I'd have her evaluate my case as to value and cost to litigate.

If it seemed too high (and this is only for you to judge) I'd find a local (to you is fine) mediation non-profit to handle the case. You can also just look for a business mediator. Either way, you're likely to get a more workable, less expensive answer. Because if this guy can't pay and you get a court judgment, you'll be chasing him. In mediation you can work out a payment plan.

Hope it all works out.

Dina

Dina Eisenberg
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(Launching April, 2011. To get update, email [email protected])

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