Never received all products I paid for

[Chris000]

Hello everyone! I'm new here, and hope someone could give me some legal advice.
I have, a now inactive import/export/wholesale corporation in Florida.
I was working with a friend of mine, who via his company sold me products for me to resell.
2 years ago I bought a lot of products from him, paid the invoice due. But only received part of the order.
He started to blame this and that. Then telling me he would deposit money back to my bank account. But he never did.
I thought we would be able to work this out. But now my patience has run out. And I need my investment capital back in order to make a living.
The thing is I don't know if I can get the money back. I don't feel I have a solid case. Since we did not sign any contract or anything.
Paper wise I only have the invoices he sent me and that I paid.
Is there any way I can demand him to pay what he owes?

 

[adjusterjack]

With a friend like that you don't need enemies.

You don't have to sign a contract to have a contract. There must be something in your communications and or records to prove the existence of the agreement.

Is there any way I can demand him to pay what he owes?

Lots of ways:

You can call him up and say "I demand my money back."
You can write, text, or email him and say "I demand my money back."

Or, you can sue him.

You have 4 years from the breach to sue based on an oral contract.

How much money is involved?

 

[Chris000]

Thank you for the reply Adjusterjack!

Yeah. Believe me. I have talked to him several times demanding the money back. He has always said that he will get it done. But you know how the story goes. Always excuses.
I have the invoice and wire transfer proof.
Besides that some whatsapp conversation where he says he will wire me the money. Even asks for my bank details to get it done.

The amount is around $80k.
At this moment I am only guessing. But I assume legal fees would leave me close to nothing if I sue

 

[Zigner]

Thank you for the reply Adjusterjack!

Yeah. Believe me. I have talked to him several times demanding the money back. He has always said that he will get it done. But you know how the story goes. Always excuses.
I have the invoice and wire transfer proof.
Besides that some whatsapp conversation where he says he will wire me the money. Even asks for my bank details to get it done.

The amount is around $80k.
At this moment I am only guessing. But I assume legal fees would leave me close to nothing if I sue

First - did you buy the product, or did your corporation?
Second - did he sell the product, or did some sort of corporate entity sell the product?
Even if you sue and win - does he (or the entity) have the money to pay?

 

[zddoodah]

I'm new here, and hope someone could give me some legal advice.

As concerns "legal advice," please read the disclaimer at the bottom of every page at this site.

I have, a now inactive import/export/wholesale corporation in Florida.
I was working with a friend of mine, who via his company sold me products for me to resell.
2 years ago I bought a lot of products from him, paid the invoice due. But only received part of the order.

When you write in the first person, are you talking about yourself or your now-inactive corporation? In other words, did you buy and pay for the products, or did your corporation buy and pay for the products? If it was you, then what was the point of mentioning the corporation?

Is there any way I can demand him to pay what he owes?

Sure. You can demand anything you like, but I doubt that's what you intended to ask. If you answer the questions I asked, I can comment further.

The amount is around $80k.
At this moment I am only guessing. But I assume legal fees would leave me close to nothing if I sue

There's no conceivable reason why a simple breach of contract case should cost anything approaching $80k. Of course, winning a judgment and collecting on that judgment are very different things, so one of the initial things to consider is the likelihood of collecting if you win.

 

[Chris000]

First - did you buy the product, or did your corporation?
Second - did he sell the product, or did some sort of corporate entity sell the product?
Even if you sue and win - does he (or the entity) have the money to pay?

As the sole owner of my corporattion, I made the purchase for my corporation.
My corporation purchased from his LLC. Which he also is the sole owner of.
Since he/his company is in the wholesale business, and still operating. I know for a fact that he/his company does have the money to pay out.

 

[Chris000]

As concerns "legal advice," please read the disclaimer at the bottom of every page at this site.

Duly noted

When you write in the first person, are you talking about yourself or your now-inactive corporation? In other words, did you buy and pay for the products, or did your corporation buy and pay for the products? If it was you, then what was the point of mentioning the corporation?

As the sole owner of my corporattion, I made the purchase for my corporation. Sorry for any confusion

There's no conceivable reason why a simple breach of contract case should cost anything approaching $80k. Of course, winning a judgment and collecting on that judgment are very different things, so one of the initial things to consider is the likelihood of collecting if you win.

Yes I figured as much. As I replied Zigner above. I know his company is operational buying and selling wholesale. So I know his company has the money. But how hard would it be to collect it. Would it be worth suing him for? If in the end I might not see anything else than legal fees?

 

[adjusterjack]

Would it be worth suing him for?

Only you can answer that question? And only a lawyer can answer the question about cost.

Might not take more than a thousand or two for a lawyer to review, prepare, file and serve. That might be enough to scare your "friend" into coming up with the cash. If not, then it's in for a penny, in for a pound.

 

[zddoodah]

As the sole owner of my corporattion, I made the purchase for my corporation.

Ok, then the corporation is the party that would need to sue. You, as an individual, have no standing because you weren't a party to the deal. Assuming your "inactive" corporation is not qualified to transact business, you will have to return it to active status before suing.

I know his company is operational buying and selling wholesale. So I know his company has the money. But how hard would it be to collect it. Would it be worth suing him for? If in the end I might not see anything else than legal fees?

There's always a risk that you might not be able to collect. How difficult will this be in your particular case? No way for us to know. That's pretty much the second thing you discuss with any attorney with whom you consult.