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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33104
Experience:  16 yrs. of trial experience
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I live in Arizona and bought two pieces of real estate in

Customer Question

I live in Arizona and bought two pieces of real estate in Fl. I signed up with a property manager name my dream house llc. Turns out I sent a check to one of the partners one for 2,800.00 another for 300.00 and the last one for $650.00. ( I made the checks payable to the LLC) He did not do any of the repairs requested. He doesn't have a real estate license and also he offered me real estate to buy a few months ago. From what I know that could result in 3 years of jail time plus fine of 5000.00 I have copy of all the emails, copy of his passport as well as I found criminal history on the internet yesterday. What are my choices?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma. You can certainly report this to local (Florida) law enforcement and request they prosecute. But frankly, I fear that they may decline (law enforcement has discretion...they are not required to investigate any particular case).

If law enforcement will not investigate, you would need to either hire a lawyer in FL and sue to recover your money...or use the small claims court process (you can sue for up to $5K in small claims)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Ok but hiring a lawyer would cost probably more than what this person owes me correct?
Customer: replied 1 year ago.
What are my options to recover my money?
Expert:  P. Simmons replied 1 year ago.

Hiring a lawyer would cost...so consider using small claims court

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court (the county where the LLC is located) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

Customer: replied 1 year ago.
If I decide to hire a lawyer for this case what would be rough estimate?
Expert:  P. Simmons replied 1 year ago.

That is up to the lawyer...you can ask 10 and get 10 different quotes. But generally speaking $2K-$5K is a decent range

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