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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38793
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi my name isXXXXX live in Moscow. But my boyfriend is

Customer Question

Hi my name isXXXXX live in Moscow. But my boyfriend is an American who lives in New York. and I know him since January 2011. Because he has some problems i have helped him for a couple of times sending money through western union. Its about 5000 $. I have receipts from the bank for maybe 4 thousand or so dollars. But he disappeared. I dont know the reason. When im calling his number i just hear "at the subscribers request this phone does not accept incoming calls". Can I apply to the court in New York to get this money back? I know his full name, but I dont know his address. I know that he works in one of the museums in New York as a restorer and he had a court case against him in this September in one of New York courts (the owner of the night club sued him for 6000$ as the leader of the music band which was partially responsible for the damage caused by the fight in this club in September 2011). Can this information help to find out his address if I want to apply to the court?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. If it helps, I also speak Russian and can communicate with you in that manner as well.

A few questions before I fully answer if I may. First, did you ever meet this person in real life, or did you only communicate via online? Also, in terms of the money you sent him, did he ever in writing state that he will pay you back the funds owed? Please advise.
Customer: replied 1 year ago.

Мы встретились в Нью-Йорке в январе 2011. Потом я приезжала к нему в мае, в октябре, ноябре 2011, марте, октябре 2012, марте, мае 2013.


У меня нет его письменного согласия вернуть деньги.

Expert:  Dimitry K., Esq. replied 1 year ago.

Irina,

 

Thank you for your follow-up. I will write my response in English unless you prefer me to translate. No ya soversheno spokoyno ponyal vashu situatciu i poprobuyu pomoch.

 

Under US law any sort of a transfer of money or of property, if not expressly done under contract is considered to be a gift. That means that any money you sent him, unless he directly stated that it was a loan or money that he borrowed, and promised to pay back, is considered to have been given without expectation of return. In US courts you would have to provide evidence and have the burden of proving that the money you sent were indeed a loan and not a gift. By default without any evidence, if you go to court and claim that it was a loan and he claims it was a gift, since you as a pursuing party (called a 'plaintiff') have to prove your case, the evidence would be equal ob both sides and the judge would dismiss. As for his location or how to find him, the courts do not help you find someone. To file suit the obligation of knowing where to serve that person with a copy of the complaint (the forms you file with the court) is on you as the plaintiff. That means that you would need to try to track him down if you can, find his address, and if you choose to sue, serve him there. The information that you provided may help but the possible employers (if you choose to contact them), do not have to inform you if he does work there, or what his personal information may be. Perhaps you may want to use online search options to track him if you can. If you can find him, great--you could then possibly hire a local attorney to file on your behalf. Just please be aware that attorney fees may be fairly high--just for an appearance in court an attorney may charge you $750-$1,500 depending on that attorney's expertise.

 

Hope that helps. Udachi vam!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38793
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Dimitry,


 


i found out the working address of this man. Is this possible to point this address in papers for the court?

Expert:  Dimitry K., Esq. replied 1 year ago.

Irina,

 

That is indeed possible. You can formally serve him at work, provided he is there to accept service or someone on his behalf, such as his boss, is willing to sign off on the documentation.

 

Good luck!

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
16650 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.