Legal Question in Business Law in California

Scotland Business Deal with US Citizen

My sister asked that I help her in her quest to get her money returned from a bad deal. I am a non-lawyer, interested in law. My sister (from California) met some individuals on-line in chat rooms, they were from Scotland. Although my sister is not wealthy, over a period of two years she was befriended and felt she knew these people enough to fly to Scotland and visit them. She went to Scotland and was talked into "investing" in their taxicab company. She gave them around $10,000 to buy a cab for the company of which she was to get a percentage of the profits of the cab company. She got some sort of "papers" from these people with the amount she invested (hopefully a contract). After going back tothe US, and WAITING....no money or profits were sent to her and she beleives now there never was the intent to buy any cab. She wants her money back, she was defrauded by these people, internationally over the internet. Where do I start to help her?


Asked on 11/16/99, 11:02 pm

2 Answers from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: Scotland Business Deal with US Citizen

Hire a lawyer in Scotland.

Read more
Answered on 11/17/99, 5:15 pm
Gregory Brittain Gregory W. Brittain, Attorney at Law

Re: Scotland Business Deal with US Citizen

She may want to contact law enforcement authorities including her local DA, the FBI and the U.S. attorney. They will probably not to do anything but it does not cost anything to contact them.

She could retain counsel to make demand on her behalf. Sometimes people take you more seriously if you have an attorney, but I would not count on a letter getting her money back. She could sue them, possibly in California. The hope would be they would not answer, she enter their defaults and obtain a judgment relatively quickly and easily. Jurisdiction, however, is questionable. Even if she gets a judgment in California, it may not be enforceable in Scotland. In addition, she could end up spending more than $10,000 on the case. She may also want to sue in Scotland. I believe under British law, the prevailing party recovers attorney fees even if there is not a contract with an attorney fees clause. In the US, a contract with an attorney fees clause is necessary to recover attorney fees.

This reply is a courtesy and does not create an attorney client relationship.

Read more
Answered on 11/17/99, 6:03 pm


Related Questions & Answers

More Business Law questions and answers in California