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Zoey, JD
Zoey, JD, Criminal Defense Lawyer
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Experience:  Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
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I have a travel company in India. I got an order to operate

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I have a travel company in India. I got an order to operate a group from a US university. I engaged a local travel agent in LA to do the ticketing for US to India travel, the ground services being done by my company in India. Many of the travellers wished to pay a local company, rather than one in India (we couldn't take Amex card payments in the Indian company), and most of these were Amex users. I asked the ticketing agent in LA if we would collect payments from these on our behalf, and then send us the money. He agreed. He sent about half the money, but has held back some USD 45000, saying that he was involved in some legal wrangle and would pay later (on the phone, he avoided emails). Now he has gone quiet, avoding emails or phone calls. The amount is about five months overdue, the group has travelled and gone back in January. What remedy do I have to recover my amount? Can I file a police case in LA or is it a civil case?
Submitted: 1 year ago.
Category: US Law
Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.

Thank you Nicola. But why was I charged in the first place? I asked the question as part of an offer from you of seven days of free questions.

Customer: replied 1 year ago.

I am afraid I am not able to find a "US version" of your site. Can you help please? Thanks.

Customer: replied 1 year ago.
Relist: No answer yet.
Expert:  Zoey, JD replied 1 year ago.
Hello,

My name is ***** ***** I am a US lawyer.

This question is one you posted 6 months ago. Are you still in need of an answer or were you just questioning the billing?

Unfortunately, while you could report this matter to the LA police, chances are they will not be much interested in it. In order for a prosecutor to get a conviction for a fraud/theft offense, the state would have to prove beyond a reasonable doubt that at the time that this company entered into an agreement with you, they never intended to pay you back. Under these circumstances, proving that would be very difficult.

On the other hand, in civil court, the burden of proof would favor you, All you would have to do would be to demonstrate by a preponderance of the evidence that this company had a contract with you and that they breached the terms of their contract by failing to return the rest of your money.

So, yes, this would almost certainly be looked upon as a civil case for breach of contract and conversion. If you were to sue in the States, you'd need a California lawyer and could find a civil litigator by contacting the California State Bar Association's Lawyer Referral Service. They charge a fee of around $50, which includes a one-time free half hour consultation with the lawyer, which you could have on the telephone so that you would not have to fly to the States just to meet the lawyer.
Zoey, JD, Criminal Defense Lawyer
Category: US Law
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Experience: Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
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