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Do i have to file another small claims? Should I be suing her business or is it ok that I only filed against her?

Las Vegas, NV |

I gave a woman money to invest in her new business start up. I went out of the country and was told that upon my return i would be able to get a shareholders certificate and also review a contract. I came back from vacation and was uneasy about some new information i received about her practices I never signed a contract nor did I get a shareholders certificate. I made the money payable to her not her business . I told her that i wanted my money back she told me it would be no problem i received no further information so i wrote her a demand letter for a my refund. I received a letter stating she would return my money within 60-90 days. Then I filed a small claims. She is now stating that she wants to return my money AFTER her business opens and also that i should be suing the business.

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Attorney answers 2


This is more fact specific than can be reviewed here. But if you already filed in small claims, go to the hearing and see what happens. Or seek assistance from a local attorney. Good luck.

Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law --

Raphael Samuel Moore

Raphael Samuel Moore


You should also be able to amend your claim to include the business, if you desire to, although that will likely push the court date.


In contract law, rescission has been defined as the unmaking of a contract between parties.[1] Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante). is an equitable remedy and is discretionary. A court may decline to rescind a contract if one party has affirmed the contract by his action (see Long v Lloyd [1958] 1 WLR 753) or a third party has acquired some rights or there has been substantial performance in implementing the contract. Furthermore, because rescission is supposed to be imposed mutually upon both sides to a contract, the party seeking rescission normally must offer to give back all benefits he or she has received under the contract (an "offer of tender").
Virginia uses the term "cancellation" for equitable rescission. Furthermore, a minority of common law jurisdictions, like South Africa, use the term "rescission" for what other jurisdictions call "reversing", "overturning" or "overruling" a court judgment. In this sense, the term means to be set aside or made void, on application to the court that granted the judgment or a higher court. Applications to rescind a judgment are usually made on the basis of error or for good cause.
Most common law jurisdictions avoid all this confusion by holding that one rescinds a contract and cancels a deed (i.e., of real property), and treat rescission as a contractual remedy rather than a type of procedural remedy against a court judgment.Deceptive pitches for investments often misrepresent or leave out facts in order to promote fantastic profits with little risk. No investment is risk-free and a high rate of return means greater risk. Before investing, get written information such as a prospectus or annual report. Beware if a salesperson:

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Sends material with typos or misspellings or not printed on letterhead;
Does not send your money promptly;
Offers to share inside information; or
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Uses the phrase, "this investment is IRA-approved."
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