nycjosh (OP)
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August 08, 2015, 11:16:38 AM |
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Person owes me like $4.5K cash and like 4BTC. Can I sue for the btc claiming it as my personal property or something?
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Stief
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August 08, 2015, 05:30:10 PM |
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Person owes me like $4.5K cash and like 4BTC. Can I sue for the btc claiming it as my personal property or something?
Of course you can. It's the same like with fiat money that someone owes you. But because of that it is the same with you having to proof that he owes you that money. Can you show a contract or something? That's always better than a spoken contract. Since when he claims you never had that deal then you will have no success at court. |
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Mickeyb
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August 08, 2015, 08:41:27 PM |
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Person owes me like $4.5K cash and like 4BTC. Can I sue for the btc claiming it as my personal property or something?
Well I think that it mainly depends where you live. If you live in the US, I am sure you can if you provide valid proofs. Then again, in the US you can sue anybody for anything! |
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nycjosh (OP)
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August 09, 2015, 12:55:08 AM |
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Ha, yeah. I have text messages as evidence and screenshots. Also have receipts and text messages for the money transfers. Also I live in nyc
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SparkedDev
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August 09, 2015, 01:06:30 AM |
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Ha, yeah. I have text messages as evidence and screenshots. Also have receipts and text messages for the money transfers. Also I live in nyc
All depends if the person lives in the US, ive had people cut and run with 10's of thousands and tried to contact their law enforcement and was in these word: We do not recognize this online currency we can't and will not waste resources for something that holds no real physical value. I was then informed of other channels we could try and use but they all basically said the same thing. Most European countries are this way. I live in a state were it is legal tender so if they also lived in my state its considered a currency. The cash proofs is enough but the legal fee's dealing with someone outside the US isnt worth it and your better off taking it as a 4.5k investment in knowledge. But if they live in the US sue them im sure you can find someone online that can find you all the info you need. |
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OBAViJEST
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August 09, 2015, 01:13:21 AM |
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Ha, yeah. I have text messages as evidence and screenshots. Also have receipts and text messages for the money transfers. Also I live in nyc
So...what happened? Show some 'evidence'...it's not like showing us proof you're being scammed can backfire on you!!  |
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coinableS
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August 09, 2015, 01:20:53 AM |
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Ha, yeah. I have text messages as evidence and screenshots. Also have receipts and text messages for the money transfers. Also I live in nyc
You should be able to file a lawsuit against them since your are in NY. Just make sure you have good documentation because it might be difficult for a judge to follow. BTCjam started collecting and sending defaulted loans to legal, so could you. |
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twister
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August 09, 2015, 01:39:04 PM |
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If the other person is in US like yourself then go ahead and file the lawsuit and I am sure you'll get your money back and/or the defaulter will go to Jail but if he's not from US then you should first find out where he's from and after that you need Hard proofs, just the text messages won't be enough, if he used a throwaway number then there will be no way of binding that number with his identity and if you do have hard evidence then you'll have to spend money because it won't be cheap suing a person overseas.
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ashour
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August 09, 2015, 06:21:08 PM |
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Yes it is possible, you can claim the bitcoins as asset and sue him. Since you are in NY it will probably be easier to go through the legal process. Try to contact a lawyer who has experience in asset and monetary management.
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SebastianJu
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Legendary Escrow Service - Tip Jar in Profile
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August 10, 2015, 01:11:51 PM |
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Ha, yeah. I have text messages as evidence and screenshots. Also have receipts and text messages for the money transfers. Also I live in nyc
All depends if the person lives in the US, ive had people cut and run with 10's of thousands and tried to contact their law enforcement and was in these word: We do not recognize this online currency we can't and will not waste resources for something that holds no real physical value. I was then informed of other channels we could try and use but they all basically said the same thing. Most European countries are this way. I live in a state were it is legal tender so if they also lived in my state its considered a currency. The cash proofs is enough but the legal fee's dealing with someone outside the US isnt worth it and your better off taking it as a 4.5k investment in knowledge. But if they live in the US sue them im sure you can find someone online that can find you all the info you need. That's a quite hefty response from them. And i can't believe that they are right. I mean the government want's us to pay taxes coming from cryptocurrencies. But they don't want to go behind anything like a bitcoin only because they believe it has no real value? Thousands of people say it has no real value. Judging from that these policemen would not go after a painting from picasso too. It has no real value beside some minerals, and organic things. But the value comes form people believing it has value. I would have sued them for not acting on my behalf. Unbelieveable. |
Please ALWAYS contact me through bitcointalk pm before sending someone coins.
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Derrike
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August 14, 2015, 02:24:39 PM |
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I think yes you can.
All you have to do is put the valid proofs to show that the bitcoins as your asset and that the person have borrowed from you.
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gogxmagog
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Ad maiora!
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August 25, 2015, 05:29:25 AM |
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you can. what is unclear, and may differ from region to region is; if you win, will the court award you $ value of disputed btc, or the actual btc... possibly they will want to award you the dollar value of the btc at time of the original loan.
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apesconcert
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August 25, 2015, 10:10:36 AM |
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Ha, yeah. I have text messages as evidence and screenshots. Also have receipts and text messages for the money transfers. Also I live in nyc
All depends if the person lives in the US, ive had people cut and run with 10's of thousands and tried to contact their law enforcement and was in these word: We do not recognize this online currency we can't and will not waste resources for something that holds no real physical value. I was then informed of other channels we could try and use but they all basically said the same thing. Most European countries are this way. I live in a state were it is legal tender so if they also lived in my state its considered a currency. The cash proofs is enough but the legal fee's dealing with someone outside the US isnt worth it and your better off taking it as a 4.5k investment in knowledge. But if they live in the US sue them im sure you can find someone online that can find you all the info you need. Where do you live? As far as I know Bitcoin is not recognised as legal tender anywhere, so it's interesting to hear about this. To the OP - yes you have a legitimate claim for those Bitcoin if they were listed down as agreed payment in a contract, whether for the performance of services, a bill of exchange or anything else. The fact that Bitcoin is not legal tender does not detract from the fact that it can be used as a method of payment; I can even agree to be paid in toothpicks and it wouldn't make a difference. A contract is a form of supreme law between the parties who contract, as long as it is not contrary to the general law of the jurisdiction in which the contract is formed or performed. Therefore, as long as payment in Bitcoin is not illegal, then it can be used as a method of payment and no one can interfere. I'm a lawyer who specialises in Bitcoin and Virtual Currencies, so if you have any more questions, please feel free to ask. |
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peligro
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August 26, 2015, 12:17:45 PM |
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Ha, yeah. I have text messages as evidence and screenshots. Also have receipts and text messages for the money transfers. Also I live in nyc
All depends if the person lives in the US, ive had people cut and run with 10's of thousands and tried to contact their law enforcement and was in these word: We do not recognize this online currency we can't and will not waste resources for something that holds no real physical value. I was then informed of other channels we could try and use but they all basically said the same thing. Most European countries are this way. I live in a state were it is legal tender so if they also lived in my state its considered a currency. The cash proofs is enough but the legal fee's dealing with someone outside the US isnt worth it and your better off taking it as a 4.5k investment in knowledge. But if they live in the US sue them im sure you can find someone online that can find you all the info you need. Where do you live? As far as I know Bitcoin is not recognised as legal tender anywhere, so it's interesting to hear about this. To the OP - yes you have a legitimate claim for those Bitcoin if they were listed down as agreed payment in a contract, whether for the performance of services, a bill of exchange or anything else. The fact that Bitcoin is not legal tender does not detract from the fact that it can be used as a method of payment; I can even agree to be paid in toothpicks and it wouldn't make a difference. A contract is a form of supreme law between the parties who contract, as long as it is not contrary to the general law of the jurisdiction in which the contract is formed or performed. Therefore, as long as payment in Bitcoin is not illegal, then it can be used as a method of payment and no one can interfere. I'm a lawyer who specialises in Bitcoin and Virtual Currencies, so if you have any more questions, please feel free to ask. It does not have to be a legal tender. I mean diamonds or art is not legal tender either and you still can claim them stolen. It's the value that matters. If someone doesn't accept that then go to his superiour officer. |
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zero01
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August 26, 2015, 03:17:47 PM |
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of course you can, it's like someone borrows money to you, but you must have proof that it actually owed to you
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boliu
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6th BTC reached. Thank you for your support
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August 26, 2015, 03:32:55 PM |
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sure, as long as you have proof of what they owe you.
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HarHarHar9965
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September 05, 2015, 06:06:18 AM |
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I think you can seek legal action in court against a person who refuses to pay you back your fiat money and digital currency regardless of the time you granted them. You'd need to find a lawyer who has knowledge about shares, capitals and assets. I would suggest you to contact an experienced attorney rather than just a lawyer. With presentation of valid evidences and basic arguments, you can recover your money as well as get judicial remuneration.
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ashour
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September 13, 2015, 09:50:28 PM |
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I think you can seek legal action in court against a person who refuses to pay you back your fiat money and digital currency regardless of the time you granted them. You'd need to find a lawyer who has knowledge about shares, capitals and assets. I would suggest you to contact an experienced attorney rather than just a lawyer. With presentation of valid evidences and basic arguments, you can recover your money as well as get judicial remuneration.
It actually depends if the person is actually able to pay back the money you lost. If you sue him and win and his totally broke then he will probably never pay it back. A lawsuit might pointless if he is broke, you are just going to waste money lawyers. |
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