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I came across lawsuit money, $120,000 to be exact. Because I didn't want to blow this money away, I gave my dad $100k to invest.

Staten Island, NY |
Filed under: Lawsuits and disputes

We had a verbal agreement that the money I gave him was to start a business with and to pay me off slowly until he pays me all of it. He started the business, and now he makes around $5000/week. Unfortunately, he chose to keep all the money and does not give me a dime. I want to file legal action towards him and possibly get some or all of my money back. What are my steps I have to take and what are the chances of me winning.

I also have witnesses. My mother and sister came with me to the check cashing place, signed their names that the money was going to them, they are on camera and you can see them leave the facility with $100,000 in cash and in hand.

Attorney Answers 5


  1. There are a few more details that may need to be known - such as was there a written contract? If not, what exactly was the understanding between you two? You may have a case - you should sit down with an attorney and explain all the details and show him/ her any documentation you might have.

    This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only.


  2. So many issues here. First, you went to a check cashing facility (mistake number 1), then you give money to family expecting to get it back (mistake 2) without a written agreement (mistake 3), and now you want your money back. There are many issues involved here, many of which a lawyer can't help you with. There could also be tax implications on the "gift". I suggest that you meet in person with a contract attorney and possibly a tax adviser.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising


  3. Get a copy of the check and retain a lawyer to pursue.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. Set up a meeting with an attorney. Need more details,was there a contract whether verbal or in writing, what were the specific terms regarding when would money be repaid, how much interest ,, or did you have a percentage of the business. Etc.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  5. How long ago was this? Do you actually have the video? How soon after did your father start the business?

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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