Scams - Have Arrested And File Lawsuit?
Time to ACT against scams
From asp post by "Za'" not on a cash and dash typical Phoenix scam,
but similar scam in Los Angeles where the guy actually called the police along
with my reply and other comments
"So others can learn from my bad experience here is a warning. Avoid
Sweet Sensations Escort in Los Angeles. I called a number I found in LA
Express (I know I should avoid that rag, its filled with nothing but scams)
for a girl named Jessica. I asked the girl who answered if she was with
an agency and she said no she was an independent so I agreed to meet her.
I was as specific as I could be (over the phone) about what I expected.
A beautiful blonde showed up at my door and, once inside, I was very specific
about what I expected. Her response was "Don't worry. We'll get naked and
have a good time!" After giving her $400 we got undressed and I went to
touch her. She pushed my hands away and said I couldn't touch her, she could
only dance for me. When I pointed out what we had talked about before I
had given her the cash she got irate and said she was not a prostitute.
I said that was fine just give me my money back and I'll pay you something
for you trouble. She refused to give me my money back and started to leave.
Based on advice I had read here before, I called the police and reported
that I was being robbed.
To make a long story short, the police showed up (I wasn't worried because
I know that L.E. can only make a misdemeanor arrest if they witness the
crime) and it turned out that this girl was in fact from the agency Sweet
Sensations. I made the argument that I paid for a service and since I didn't
receive the service I paid for I wanted my money back. The police agreed
with me but said that it was a civil problem and not a criminal one. They
said I could do a citizens arrest for fraud but she could also do a citizens
arrest for solicitation so we both let that drop.
I contacted the the agency, Sweet Sensation, and spoke with someone named
Rhonda. After explaining the situation to her she agreed to come to some
kind of solution but would have to call me back in an hour. She never called
back. I called again the next day but she wasn't there so I left a message.
Still no call back so I tried again two days later. No luck.
At this point I am contemplating filing a lawsuit against Sweet Sensations.
I can sorely afford to lose $400! Any suggestions? Has anyone out there
successfully sued an agency or provider for failure to provide a service
that's been paid for?"
My (Dave in Phoenix) reply:
The scam you were victim of in LA is very common in Phoenix. Here is my
suggestion. If we can get more bold folks like you to fight back it
might encourage others to do so.
I suggest when talking to an agency or SP you be very clear that you wish
to enjoy good non-sexual touch, massage her etc.....that is a legal contract
since there is nothing illegal. You don't need even a massage license since
you are paying to massage her. If non-sexual she could not charge you with
solicitation.
IF you can avoid having to admit to an illegal service as the contract...and
that may be a big if (illegal contracts are not enforceable), file a Small
Claims Court Claim, which will cost you very little and the filing costs
will be added to the claim. Now...does the agency really want to go public
and fight in small claims court?
Again if you can argue you contracted for a legal service, (massaging her,
non-sexual intimacy etc is legal), go for it! But I bet the agency is not
going to bother to show up and fight the case.
I highly congratulate you for calling the police. These scams SHOULD BE
of police interest because they can lead to violence from a very unhappy
scammed customers. Fraud is a criminal matter, but so is solicitation, again
I doubt if the provider really wanted all this public. But that is why the
officer suggested the citizens arrest route. He couldn't make the arrest
without direct evidence of the crime, but you could.
In regard to everything I just said...I am not a lawyer and none of this
should in any way be regarded as legal advice, just my observations.
A good reply to my post on an LA Board:
Avoid the situation if possible with good research, but if it happens you
should go for the citizen's arrest and you should sue in small claims court.
1. You should go for the arrest. Why? Because a lot of these women live
strange and irresponsible lifestyles. They have outstanding parking and
traffic warrants, they have past records, they can't afford to be placed
in the system where they get identified. Unless you have more to lose, you'll
probably win on this one.
2. Sue the company. Be sure to find out who the owners are though. Don't
just sue "Sweet Sensations" as the clerk will not accept your claim. And,
if they did, you're not likely to obtain an enforceable judgment. When suing
you have to look down the road, assuming you have a judgment and saying
to yourself, how would I enforce a judgment against Sweet Sensations and
how successful would I be? Remember to name all proper parties. Say Sweet
Sensations is a general partnership. Then you have to make sure you sue
the partnership and all the partners individually. That way you have cast
the widest net the law will allow. Just because it's small claims court
doesn't mean it's simple. A lot of judgments are worthless because of technical
errors done at the time of filing that make the judgment next to unenforceable.
Posted by EroticExplorer ® , Sep 26,2000,15:07
Reply by "Za"
The only thing that worries me, as Dave-in-Phoenix mentioned, contracts
the involve illegal activities are not enforceable. This is where I can
be screwed.
As far as the LAPD is concerned, they were very helpful. I know I abbreviated
that part of my story but they spent well over an hour with us trying to
get it straightened out. Although never being L.E. myself, I am intimately
familiar with L.E. procedures (from close family members and personal experience
[don't ask]). I was very tempted to make the citizens arrest. I am self
employed and single so if she reciprocated and arrested me it only would
have been an additional hassle but no big thing. The thought of public embarrassment
does not weigh big on my mind either. When asked, I've never denied using
escorts.
Another reply offered the good suggestion that IF (big if) the agency takes
credit cards even with a surcharge it may be good insurance since can easily
object to a credit card charge.
And other reply with a good small claims court idea:
Don't take the law into your own hands, you take em to court! I've sued
landlords here in los angeles, and suing somebody in small claims court
is easy as can be....and the best part is....for an extra 20 bucks you can
have them served by a sheriff in uniform! Really its worth it just to scare
the hell out of them by bringing them to the attention of law enforcement....you
can either serve them by certified mail, but if you want to pay the 20 bucks
to have an officer serve them, thats even better.....anywya good luck to
ya and I say take em to court! its worth doing!
Back to the Sexwork Main
Menu
|