do I have a case or no? Pennsylvania-California issue.?

Discipulo legis, quis cogitat?

What you have described could constitute a crime in both Pennsylvania and California.

In Pennsylvania, deposits are to be used for damages only, and they must be held in escrow, which is a separate bank account. You have a right to the interest that pays on this account after 2 years. Even though your "friend" is not a landlord, he must still follow the law of Pennsylvania. "I didn't know that" is not an excuse.

In your case, I would send him an email stating that you asked a general question to a Pennsylvania attorney who suggested that you attempt to reason with him one more time, but then refer the case to Tom Corbet's office or the district attorney's office for the county in which this fellow resides for criminal prosecution. You would have to fly out to PA to testify at trial, but your "friend" would not only have to pay you back, but would have to pay restitution. The judge could order that he pay for your plane ticket, the money that he owes you, plus interest. You would be eligible for victim assistance funds which would help with airfare as well. Finally, and depending on his county, he could do up to a year in prison and would have this criminal record pop up on every background check for the rest of his life.

Going to prison to await trial could mess up his employment or schooling.

If I was still a prosecutor, I would charge him under the following offenses:

Theft by Deception >$200, 18 PaCS Â§ 3922 a (1); 1st degree misdemeanor (max sentence 1 year)
Deceptive or Fraudulent business practices >$200, 18 PaCS Â§ 4107 a (6); 1st degree misdemeanor (max sentence 1 year)
Misapplication of Entrusted Property >$50, 18 PaCS Â§ 4113 a (1) 2nd degree misdemeanor (max sentence 6 months)

The last offense would be based on his duty to put the funds into an escrow account instead of misappropriating them. A Pa prosecutor would need to ask you a few more questions to properly charge this guy, such as "what was the manner in which he communicated to you when defrauding you of the $550, by phone, email, or in writing.?"

If this guy has a prior misdemeanor conviction for anything, both his bail and his sentence would be higher.

If this guy lives in a county with Republican judges, he could face a sentence at the upper end of sentencing guidelines, even in a plea bargain. My home town of Lancaster is notorious for this as are most of the middle counties. In Philadelphia, he would most likely get 1 year of probation on a plea bargain. A conviction of this sort could preclude him from ever having a job which involves him handling money.

If you handle this civilly, you could merely file a lawsuit remotely and show up on the day of trial. When you win, you can place a lien on certain elements of his property. These include, tax refunds, his vehicles, his pay checks etc. There is no statute of limitations for collecting a debt that has been reduced to a court judgment. These are also enforceable in any state in the country under the Full Faith and Credit Clause. Yes, you can be in his life for the rest of his life over this if he shirks his responsibility, ready to take anything of value through the forced seizure of a sheriff.

The issue with paypal is between you an paypall. It is meaningless for all other purposes. Paypal would have the option to sue you in California for their couple of bucks if they so chose. Voice of Reason is wrong, because he/she is not an attorney and has no idea what he/she is talking about. Go to law school Voice of Reason

Voice of Reason

Do it and you will be admitting to fraud.

Oh, wait! You already have!

EDIT: Annie, you did commit fraud. You claimed the money was a gift in order to avoid PayPal fees. But it was really a deposit. Lying to avoid fees is fraud.

I thought this was why you were asking the question.

Apparently, Yahoo Answers did not think too much of your report. I am sorry you are offended, but my answer is right. You have admitted fraud. If you do not believe me, call the police. They will be glad to set you straight, and take you into custody.

Pork Patty

Voice of Reason is 100% RIGHT. You got to send the money for free by claiming it was a gift. Either you told the truth, and it was a gift, or you lied to avoid fees, and you committed fraud.

It is your choice. Either way, you'll never win a lawsuit, because you will never be able to come up with a satisfactory answer to this question: Were you lying when you said it was a gift, or are you lying now?

I'm sorry, but it is true. You need to wake up.

sgoldperson

Actually you DEFRAUDED Paypal, in calling it a gift/family so that you could get around them paying fees, as well as YOU paying fees(since you would have had to pay more to get it to $500) so voice of reason makes perfect sense. Perhaps you should ask what someone means before calling their answer spam. See that is where your problem really comes in. You sent the money as a GIFT according to paypal. Even if you wanted to go through the Court process you have to show why you sent it as a GIFT and prove the rest.

Sid6.7

Yeah OKAY EVERYONE, he fudged with paypal to avoid the fees- I'm sure the police will be kicking in his door any minute now. I mean, the Enron guys are NOTHING compared to a kid who lied on his paypal money transfer application, right? Jesus Christ, give us a break, will ya? Look, Kid, you can sue him in small claims court in Pennsylvania if you want to go all the way there. To be honest, if you still have the money transfer records, you'll probably win, too. But will it be worth it to find a way all the way to PA to win $550? Probably not. Looks like you got screwed. Maybe you can convince him to give you a little at a time? If he's your friend, maybe he will.

You have a case but you would have to travel to PA to make it. Not worth the travel money.
Did you ask the person to pay you back on time? Send you a few bucks a month.
If they say no-chalk it up as a life lesson learned.

davidmi711

You could sue him, however it would have to be done in PA

John J. S

Any suit involving residents of different states must originate in federal court. Not enough money. You lost a good friend over $550.

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