Expert: Robin Sexton - 4/7/2008

Question
QUESTION: Hi. This is my situation. 4 months ago. I asked my friend who's an assistant Gamestop manaager to get me a discount of a game console from Game Stop since that's one of his benefits there. I gave him 80 dollars for it. For the past 3 months, he's been saying that he was going to send the game console but he never did so I called him last month. He said, that he couldn't get me the game console, and that he was going to send me back the money via money order through mail. But the mail that he promised to send like 3 weeks ago did not arrive. I've been calling his cellphone but he's not responding. I even tried to call him with other phones and text message him and he never responds. He still got my 80 dollars and I really need the money from him back. It looks like he stole my money and now I want justice. How do I deal with this?

I have little knowledge of law and I need your help. I would really appreciate your expertise help. Thank you in advance

ANSWER: Jake,

Money and friends cause a lot of problems.  Yes, he has stolen your money.  In Michigan it would be called, Larceny by conversion, your state may have a different term for it.

Here is what i would recommend, you probably have no evidence as it was a cash deal.  No contract or anything.  Your friend is not responding.  Contact your local law enforcement agency and make a report.  I would check to see if your state allows you to record a conversation with someone with out their knowledge, either by phone  or in person.  If they do go have a "nice" conversation with him about the money and record what he says.  Also if you have any witnesses to the agreement.

Good luck, you are about to loose a friend.


Robin

---------- FOLLOW-UP ----------

QUESTION: Hi, this is a followup to my question. Me and my roommate/friend did a plan last month. This is how it went. Since he was not responding from my cellphone, he pretended to be my uncle and called him. He asked about the deal we made, and he talked about it to him through the phone, and he told my friend he was going to send it. Doesn't that count as a witness?

Answer
Jake,

Yes, he would be a witness.  An issue that is always present regarding witness's is are they biased ?  As an example your Mother says you didn't do the crime as compared to a gas station clerk you didn't know saying he watched you do it.  The question is one of credibility.  I am sure your roommate / friend is credible. But what would be more credible your friend saying he heard your ex-roommate say he was going to pay you back or a recording of your ex-roommate saying he was going to pay you back?  Sometimes you just have to go with what you got.


Good luck

Robin