Thanks all. Lots of good stuff here. The original post knew the best advice was coming; move on. I've made lots of hobby mistakes and been ripped off many different ways, but this one had the most personal feel of betrayal. I'd have rather had my pocket picked for twice as much than have the two-faced, dishonest, manipulative work-over I got here. This was a girl I saw dozens of times before I paid any advance. She gave me a birthday cake.Johnny. You seem to have caught on to the essence of money to providers. I too have been in your shoes in a similar way. The money I provided was not prepayment but was understood up front to be a loan. In some cases one or more witnesses were present and could testify in court to that effect. But there is nothing to be gained for me or you to do this. You have dirty hands. Case dismissed. I don't have dirty hands so I have a chance of winning. If I did win what is the payback? Nada. Zip. Waste of time. She has no assets. A judgement? Big deal. Her credit is so bad she couldn't get a loan from a NY loan shark.
Court wasn't necessarily all about cash; a judgement can allow you to fuck with someone, maybe you have a lien when they want credit. But it is not a good idea, and I learned a few things, particularly clean hands and the 4-point contract. Might not be a contract in the eyes of the law, but it was a deal between people, and karma sits in judgement. Thanks.
A deadline was given (too generous a deadline) and info will be shared if it is missed. Info will be shared if she does right. Shared intensely, thoroughly and fairly. Originally Posted by JohnnyCap
As of this post, she may still do the right thing. Originally Posted by JohnnyCapHope that happens and schedule a multi hour or overnight to get square if you can. If not, drop tha anger, name her, write it off and move on. Lesson learned. Anything else is likely to go wrong and just make it worse.
Call it a loan, call it an advance. Use what ever term you prefer. Originally Posted by tigercatI'd call it a lay away because the lay sure ain't where his cock is now LOL
Poet Laureate and babarumraisin are correct: The OP may not recover from she that wronged him because a contract with an illegal subject matter is unenforceable. "Ex turpi causa non oritur actio" (Latin: "No action arises from an illegal cause"). A person may not sue for damage arising out of an illegal activity. A person may not sue on an illegal contract, because it is void from the time of its creation.I love it when SJ blesses us by by posting the Latin meanings that are the basis for these laws. I don't know about the rest of you but his legal knowledge makes my high school credit in business law seem so inadequate.
Accordingly, I have taken to the bench to preside over Hooker Court, which follows the Hooker Common Law. Verdict for the defendant. The OP violated the first rule of hobbying: Never pay a provider in advance. "No payo pussio advanco becausio you will get screwedio." Originally Posted by ShysterJon
Amidst all the interesting responses is also the fact that I didn't pre-pay in cash, but purchased goods (of her choosing, of course). Which would have made, I think, my case weaker. At one point I was just hoping to get into her place and if we couldn't work it out I could take the shit I bought to goodwill or a dumpster. Originally Posted by JohnnyCapNegative. Don't even think about it. Worst case scenario is you get a burglary or theft charge thrown at you. I can assure you she will not willingly part with the goods.
I love it when SJ blesses us by by posting the Latin meanings that are the basis for these laws. I don't know about the rest of you but his legal knowledge makes my high school credit in business law seem so inadequate.If the OP decided to commit perjury and claim he loaned the money to the errant trollop, and she responded by testifying the money was payment for services in advance, then it would be a matter of the finder of fact (be it a judge or jury) to decide who's telling the truth. In my opinion, the OP would have a hard row to hoe by trying to prove it was a loan when there was apparently nothing in writing to memorialize the contract.
Tell me how I'm doing, SJ -- "Your Honor, she is lying about my asking for sexual favors for the money she says I "gave" to her."
Glad you're back, SJ! Seriously! Originally Posted by Little Stevie
Before actually going to small claims court, maybe someone can jump in and explain the "clean hands" thing that you have to have when you go in front of a judge or jury.In a nutshell, courts can only enforce valid contracts. A contract for something extralegal or illegal is unenforceable by the courts.
I know what it is but I don't know how to explain it. Originally Posted by ElisabethWhispers