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I have a case where someone who was supposed to pay me

Customer Question
I have a case...

I have a case where someone who was supposed to pay me $225,000 after 180 days never did and says he can't get it from the person who was supposed to pay him.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

I assume this is a bot, but CA

Lawyer's Assistant: Has anything been filed or reported?

To lawyers and complaining to the recipient, but not to the state

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We've spent way too much money on lawyers at this point and we need to find to reasonably get our money back.

Submitted: 2 months ago.Category: Legal
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Answered in 55 minutes by:
12/22/2017
Lawyer: Michael Lykken, Esq,
 replied 2 months ago
Michael Lykken, Esq
Category: Legal
Satisfied Customers: 120
Experience: Partner at Soares & Lykken, Attorneys at Law
Verified

Hello, thank you for using this service. My name is ***** ***** I am a California attorney. Please understand that I can only provide you with general information in this forum, and that no attorney-client relationship is formed. Now that the generalities are out of the way, let's look at your question.

Without knowing the specifics of your case, generally the only way to get your money back is to file a lawsuit to do so. Do you have a contract or any security for the loan? If you have security, you could possibly go after that security. If there is some kind of fraud involved, you could talk to the police. However, the police often will respond that this is a civil matter and do nothing. Other than these options, you really don't have any other means to get your money back. I'm sorry I don't have better news for you, but that is how the system is set up.

Please let me know if you need any clarification. If not, I would appreciate it if you would rate my service as I only receive credit for helping you if you rate my service. Thank you and good luck!

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Customer reply replied 2 months ago
Let me explain further because your response is not really helpful. I am a business owner. A merchant processor took on my account to handle our transactions for our business. This means we can process credit cards through the VISA/MASTERCARD network. They changed some things around which lead to them holding three weeks of our money (processed money which then is supposed to be paid to us once a week for all of the services we provided in our business). They ended up not paying us for three weeks and then saying our account was shutdown and that we had to wait 180 days to receive our money from the merchant bank. We waited the 180 days. They're saying that the merchant bank isn't responding to them. We have proof int he form of emails, transaction statements, merchant statements and everything in regards ***** ***** money that was processed through them. They can't just steal our money and we don't know what to do other than file a lawsuit. If we do file a lawsuit, where do we do it and how? What lawsuit are we filing? Is this enough information to help you give a more legitimate answer?
Lawyer: Michael Lykken, Esq,
 replied 2 months ago

Hello, thank you for the clarification. Please understand that I can only give an answer as detailed as the information provided; hence the general answer. I understand how credit cards work as I accept them for my practice. You should have a contract with the processor, so you would need to file a lawsuit for breach of contract and possibly other causes of action. If you file a lawsuit, there are several grounds for jurisdiction, one of which is where the defendant is located. If this is a national company, then you could argue that they could be sued in your local county. You could go to the police as well as there may be other victims of the processor, and they may be interested in prosecuting them. At the end of the day, you should see retain an attorney to help you with this as litigation is complicated. I hope this has helped.

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Michael Lykken, Esq
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Michael Lykken, Esq
Category: Legal
Satisfied Customers: 120
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Experience: Partner at Soares & Lykken, Attorneys at Law

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