Bringing suit against a mobilized reservist?

This so called NCO has not completed his contract with me fully after two years of missed completion dates,, he has already been paid , and is now mobilized but not yet deployed, The sum I paid was $5000. for a body work and paint, I served with him prior and trusted his word, now he has screwed me I want the return of my car, and money or at least a fair portion of it for the work not completed yet, Im a soldier as well stationed across the states from him I PCS'd in the beginning of the contract. Question is there any way that I could recover my property and cash through legal actions before he deploys or what are the options?

Mark B

Very unlikely. Even though he hasn't deployed, being mobilized means he can't effectively defend himself. Going through the court system won't work. Your best bet is to go through his chain of command and see if you can reach an agreement out of court.

You could file and have everything put on hold until he returns. Make sure you document all of your correspondence and emphasize how you tried to work with him before his deployment, then waited until he returned.

Plastic Jesus

Trying to get a legal action pushed through the courts quickly enough to catch him before he is shielded by the soldiers & sailors act is going to be a huge feat.

What rank are you? Is this something that may have violated Army fraternization policies as well? An NCO can not place themselves in a position of taking money from, or owing money to, a lower enlisted service member. Any angle there? I say this, because you have the ability then to just contact his commanding officer and get his chain of command involved in this.

I also give you Article 121 of the Uniform Code of Military Justice to consider...

ART. 121. LARCENY AND WRONGFUL APPROPRIATION
(a) Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind--
(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his won use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(2) with intent to temporarily to deprive or defraud another person of the use and benefit of property or to appropriate to his own use the use of any person other than the owner, is guilty of wrongful appropriation.
(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

Good luck partner.

Mark P

If he has been recalled to Active Duty and you know what command he is attached to, contact that command's legal affairs officer. He/She might not necessarily be a lawyer, but they are responsible for all personnel's adherence to the UCMJ. If they do not have one, go to the XO. If you have a case which looks as it amounts to fraud and theft, they will get the ball rolling.
Seeing that you are also in, contact your commands legal rep, or XO, also.

As far as the time line, I can't even guess.
Good Luck

DietrichVonQuint

I know this will sound snarky, but the best bet is to ask a experienced lawyer familiar with the military, SSG

blutic11

Best thing is to sue in small claims/magistrate court in the county where he lives. However, he may invoke the soldiers and sailors civil relief act and put the case on hold until he gets back. Being a trial lawyer and soon to be Judge Advocate, I doubt his command or any civilian lawyer will be involved. He'll have some good excuse about why your wrong and he's right, and that small amount of money is not worth taking the case. I suggest you chalk this up as a lesson learned and move on.

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