Originally Posted by N.joy
Started reading this thread and just couldn't stop. So let me get this straight, you (Tomas Somal) bought $16,000.00 from an account that could possibly yield $0.00 for $8,500.00, got $12,000.00 out of the deal, and are now claiming you got scammed. Let’s take a look at this scam for a minute. You move to Thailand, you have a person you barely know who not only gives you his real name and actually lives with you for a minute, but he also lets you know where he’s living back in the States when he leaves Thailand. And he gives you $12,000.00 outright. That’s what we like to call the long con, bold move from the scammer there. I especially like that your contract is made up of Facebook posts, the first one actually addressing this sale sent from you, soliciting the scammer for his account. He must be good, Bernie Madoff good, Nigerian Prince good. Best be on the lookout folks.
He tells you he’s going to hold on to $4,000.00 of the $16,000.00 to pay taxes, but he’ll give you the remainder as long as you wait for the end of 2014 tax season to collect. You respond by calling him out by name on a website of his peers before that event occurs. You don’t even wait to see how much you will get after 2014 taxes, but instead wisely attack his character and threaten legal action in a public forum. Way to get the promised money first and then go on the offensive - shrewd. “I assume Zachary Parker scammed me after i bought his FTP funds,” but I haven’t actually waited long enough to find out… Well played sir. Brilliant on all counts. If he wasn't going to give you the money before (which you'll now never know), he's definitely going to give it to you now... If an actual con-artist reads this thread, I hope for your sake they don’t target you. You’ll be left with nothing but the shirt on your back, living in a van, down by the river. Thank god the poker community has threads like this to learn all of the scams that are out there, I bet this exact same scenario is occurring to unsuspecting marks throughout the world. You’ve really shined a light on the seedy underworld of Thailand, congratulations.
Now, to get to the legal aspects concerning this ridiculousness. It seems, judging from what you’ve had to say combined with all of the other posted comments, that there isn’t a lawyer in the mix. First off, you’re surprised that an attorney wouldn’t take this case on a contingency basis??? Personal injury cases are taken on a contingency basis. Construction defect cases are taken on a contingency basis. Contract cases for $4,000.00, when there is almost no possible means of collecting, will NEVER be taken on a contingency basis. I really and truly mean never. You might be able to get hourly with a minimum $2,000.00 retainer, you might be able to get flat rate for minimum $2,000.00, you will never get an attorney stupid enough to take this on a contingency basis. And anybody offering you the hourly or flat rate is not doing it because they think they can get you your money back, it’s because they think they can make $2,000.00 off of you.
Let me explain why. First off, you have the jurisdiction issue. Somebody mentioned in an earlier thread “where would it be? The events took place in Thailand, right?” Sure, but how on Earth are you going to domesticate a Thai judgment back in the States? Spoiler alert, you’re not. Alright, so that means you have to bring the case back in the States, allegedly Marietta, Georgia. Yeah, you have to file where the defendant resides… Then you have to serve him with the summons and complaint. If he doesn’t get served, the case gets thrown out.
So pay $80.00 to file the case (if you go Magistrate’s Court, $150.00 for Court of Common Pleas), pay $200.00 for a private investigator to track him down, assuming you find him - get ready for the kicker - shell out well over a grand to fly down from Thailand for the final hearing. Yeah, if you’re not physically there, you can’t get any of that fantastic evidence submitted. So not only would there be no testimony from you, additionally all of the Facebook posts “proving” that you had a contract would not be admissible, and then what do you have? Absolutely nothing. Meaning the money you’ve shelled out for filing fees, service fees, a lawyer, a plane ticket, and whatever else may have come up - will possibly win you $4,000.00. Word to the wise, you will never get those fees back. The only way to get lawyer’s fees etc. in a ruling is if it was stipulated per contract (laughable) or by statute (which doesn’t exist for this cause of action). I hope you’re following here…
Now here’s the real kicker. Let’s say that you make ALL of this happen somehow: you’re willing to spend the time and money to get it done, and then you magically pull out a win, in spite of his defenses, with your breach of contract claim. That’s when you end up with a judgment in your favor. A judgment is essentially a piece of paper that says, “this guy should pay this guy X amount.” BUT, there isn’t really any way to collect on that judgment. It’s a civil case, not criminal. He can’t go to jail. He can’t be held in contempt of court. Debtor’s prisons are a thing of the long-ago past here in America. So how do you actually get the money? You have to pay a lawyer even more money to attempt to garnish his wages. Which can be challenged. And then it’s time to hire a new lawyer, because the last one already took your money and is ready to move on with his life. And if you do manage to get a court order to garnish his wages, it would most likely be around 15% of what he’s pulling in per paycheck. Not exactly quick money. So if you’re curious as to why you can’t get anybody in the legal community to talk to you about your lucrative case, look no further.
ASK
ANY
ATTORNEY
ANYWHERE
You’re welcome. I have now provided you (Tomas Somal) with the legal information, NOT legal advice, to fill that void. I could go into more depth about all of this, but it ‘s truly not worth my time. Please, if you can get one on the phone, speak with another attorney to fact-check here. BTW, earlier in the thread you asked for legal input, I responded with this post, and feel as though we have entered into a legally binding contract (offer and acceptance bud). Prepare for me to fly to Thailand to collect my fee, apparently it’s worth it. Thanks for the entertainment; hopefully this was a learning experience.