So.... say that you got scammed...

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BeauJangles

Lifer
Aug 26, 2001
13,941
1
0
Originally posted by: fuzzybabybunny
Originally posted by: PokerGuy
An initial consultation with a lawyer will likely not cost you much, if anything.

Some observations:

If you purchased something from the LLC, and the LLC went belly-up, odds are that you are SOL. The LLC is there to protect the owner from personal liability for company expenses, and while it is possible to get through that protection, it's not easy and is likely more trouble than it's worth. Outright fraud on the guy's part would be a cause to be able to go after his assets instead of those of the LLC, but it's going to be expensive.

All the stuff about the guy's personal activities is completely meaningless. He can frequent whatever sites he wants, be a free ipod scammer, hang out on stolen card sites etc, it means nothing as related to the merits of your claim against him.

Finally, why the heck would anyone purchase anything from a mom & pop (small) LLC by wire transfer?? Shouldn't that have sent up all sorts of red flags? Had you used a credit card of some sort, you could simply reverse the charges and the CC would deal with it. A wire transfer (and by extension, services like Western Union) are an absolute NO-NO if you're conducting any kind of transaction with an entity you are not 100% certain is legit. Wires leave you 0 recourse if things go wrong. You can't recall them, you can't undo them etc.

this was done back when i was young, stupid, and didn't understand how business was done.

if the business was an llc, i could probably still sue him for his personal assets if the llc was doing fraudulent business, right? and in this case him asking for stolen credit card numbers would be a way to discredit his character and have the case turn in my favor.

An LLC shields the individual from monetary liability. If he was engaged in something illegal, he would need to be prosecuted for that by the government, I believe.
 

importdistributors

Senior member
Sep 14, 2004
294
0
0
Originally posted by: BeauJangles
Originally posted by: fuzzybabybunny
Originally posted by: PokerGuy
An initial consultation with a lawyer will likely not cost you much, if anything.

Some observations:

If you purchased something from the LLC, and the LLC went belly-up, odds are that you are SOL. The LLC is there to protect the owner from personal liability for company expenses, and while it is possible to get through that protection, it's not easy and is likely more trouble than it's worth. Outright fraud on the guy's part would be a cause to be able to go after his assets instead of those of the LLC, but it's going to be expensive.

All the stuff about the guy's personal activities is completely meaningless. He can frequent whatever sites he wants, be a free ipod scammer, hang out on stolen card sites etc, it means nothing as related to the merits of your claim against him.

Finally, why the heck would anyone purchase anything from a mom & pop (small) LLC by wire transfer?? Shouldn't that have sent up all sorts of red flags? Had you used a credit card of some sort, you could simply reverse the charges and the CC would deal with it. A wire transfer (and by extension, services like Western Union) are an absolute NO-NO if you're conducting any kind of transaction with an entity you are not 100% certain is legit. Wires leave you 0 recourse if things go wrong. You can't recall them, you can't undo them etc.

this was done back when i was young, stupid, and didn't understand how business was done.

if the business was an llc, i could probably still sue him for his personal assets if the llc was doing fraudulent business, right? and in this case him asking for stolen credit card numbers would be a way to discredit his character and have the case turn in my favor.

An LLC shields the individual from monetary liability. If he was engaged in something illegal, he would need to be prosecuted for that by the government, I believe.

And even if, it still doesnt guarantee any money back.

 

CKent

Diamond Member
Aug 17, 2005
9,020
0
0
It's very difficult to get a murder conviction without a body.

Just sayin'
 

axelfox

Diamond Member
Oct 13, 1999
6,719
1
0
Originally posted by: BeauJangles
Originally posted by: fuzzybabybunny
Originally posted by: PokerGuy
An initial consultation with a lawyer will likely not cost you much, if anything.

Some observations:

If you purchased something from the LLC, and the LLC went belly-up, odds are that you are SOL. The LLC is there to protect the owner from personal liability for company expenses, and while it is possible to get through that protection, it's not easy and is likely more trouble than it's worth. Outright fraud on the guy's part would be a cause to be able to go after his assets instead of those of the LLC, but it's going to be expensive.

All the stuff about the guy's personal activities is completely meaningless. He can frequent whatever sites he wants, be a free ipod scammer, hang out on stolen card sites etc, it means nothing as related to the merits of your claim against him.

Finally, why the heck would anyone purchase anything from a mom & pop (small) LLC by wire transfer?? Shouldn't that have sent up all sorts of red flags? Had you used a credit card of some sort, you could simply reverse the charges and the CC would deal with it. A wire transfer (and by extension, services like Western Union) are an absolute NO-NO if you're conducting any kind of transaction with an entity you are not 100% certain is legit. Wires leave you 0 recourse if things go wrong. You can't recall them, you can't undo them etc.

this was done back when i was young, stupid, and didn't understand how business was done.

if the business was an llc, i could probably still sue him for his personal assets if the llc was doing fraudulent business, right? and in this case him asking for stolen credit card numbers would be a way to discredit his character and have the case turn in my favor.

An LLC shields the individual from monetary liability
. If he was engaged in something illegal, he would need to be prosecuted for that by the government, I believe.

look up "piercing the corporate veil".