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Should I sue my friend to recover my investment? (alien.top)

submitted 2 years ago by Thirdfcuk@alien.top to c/entrepreneur@indiehackers.space

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Hi, I’m a freelance software developer. My friend had an LLC and wanted me to join him for a project to revamp his online store.

I invested 5k and entered only a profit-sharing scheme. I worked on top of it, being in charge of the project. If successful, the profit shares would have been a great return. Big IF but I knew the risks.

However, soon after starting I noticed that my friend had exaggerated his financials and had no plan as to what he wanted to achieve. Also, I had to incur extra costs like shopify themes and other tools that he said he would reimburse me for but made a lot of excuses to not pay them back.

Fast forward to a couple weeks after we started, he’s shutting down his LLC. I told him we should re-do the contract since I signed with his LLC if the project should continue. He’s gaslighting me into doubting him and telling me to just trust him and not worry about it. Obviously I’m not stupid and I’m catching onto his conman traits such as talking big and always mentioning his big past successes and the high profile people he knows.

Basically he has no intentions to re-do the contract and firm on not returning my money. He constantly reminds me “if you quit the investment is lost” (actual clause in the contract). No clause about what happens if the LLC disappears. What are my rights? 5% of me says I’m misreading the situation but my gut instinct is so strong on this one. I think I would sue and just lose this friend.

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[–] ClackamasLivesMatter@alien.top 1 points 2 years ago

$5k plus the cost of Shopify plugins is in small claims territory in a lot of states. The forms are easy to fill out and filing plus process server fees are cheap. You'd sue both him and the LLC and your argument is going to be that he completely defrauded you. You can renew a judgment for a relatively trivial sum, so even if you can't collect now, you can collect the judgment when he's less broke.

It's up to you whether rolling the dice in front of a small claims judge is worth the time and energy.