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!

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