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Ely
Ely, Consultant
Category: Fraud Examiner
Satisfied Customers: 100052
Experience:  Attorney in law with focus on consumer protection
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One of my good friends borrowed over $40,000.00 from me to

Customer Question

one of my good friends borrowed over $40,000.00 from me to repaid re payed when he collected his commission on an overseas steel sale. He has moved and skipped out on his debt. Will not answer e-mail, text or phone. any suggestions ?? I have known him for over 25 years.
Submitted: 1 year ago.
Category: Fraud Examiner
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me:
1) What state is this in, and
2) Was this loan in writing?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
He was in Las Vegas Nv and I am in NM. I had him sen me an email sating how he would repay the money which I saved. I also have 40,000.00 of checks he wrote me on a bogus account.
Expert:  Ely replied 1 year ago.
Thank you.
What someone in your situation wants to do at this point is find an attorney and to possibly sue him for breach of contract.
To establish a cause of action for breach of contract in Nevada, a plaintiff must prove: (1) that there was a valid contract; (2) that the plaintiff performed as specified by the contract; (3) that the defendant failed to perform as specified by the contract; and (4) that the plaintiff suffered an economic loss as a result of the defendant's breach of contract. Manhattan Associates, Inc. v. Pan Western Corp., No. 2:04-CV-01174-BES-RJJ, 2006 WL(###) ###-#### *3 (D. Nev. Aug. 25, 2006).
Tracking him down should not be hard - many attorneys can get process serves to use skip tracing to find someone. Your hardest argument here would be to argue that this was a contract, since all you have is an email from him promising to pay you back, which is lacking any signature and likely, any other specifics. However, many courts have now been seeing emails as binding, and there are alternative theories to pursue along with breach of contract such as "unjust enrichment."
So this is now a legal matter, and the first step is to find counsel. Please let me known if you need help finding anyone. Since he was in Nevada, it would be best to pursue this in Nevada.
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