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Topic: TheBitMint - Buy Bitcoins With PayPal (Site Closed) - page 13. (Read 28015 times)

donator
Activity: 1218
Merit: 1079
Gerald Davis
Good luck suing the parents without any contract of any kind agreed to by them.

Parents are civilly liable for the actions of their children.  If your kid breaks my window it doesn't matter than I don't have a contract ahead of time where you agree to be liable for any damages caused by your kid.    People who are unwilling to accept the liability of having a child should invest in birth control. Smiley

I mean if you think about it for a second it would create a massive legal loophole if children couldn't be sued and their parents couldn't either.  Kid burns my house down?  Oops sorry he is immune to lawsuit and so are his parents.  Kid runs a $20,000,000,000 ponzi scheme? Oops sorry the funds can't be recovered because the kid can't be sued and neither can his parents.    

The flip side of civil immunity for children is civil liability for their parents.  You can't have equal protection under the law if one exists without the other.
BCB
vip
Activity: 1078
Merit: 1002
BCJ
In the  county where we will initiate the claim it is possible to file a claim against a parent or legal guardian of an underage debtor. 
legendary
Activity: 1204
Merit: 1015
Good luck suing the parents without any contract of any kind agreed to by them.
BCB
vip
Activity: 1078
Merit: 1002
BCJ
Yes +4
No +1
newbie
Activity: 31
Merit: 0
Yes for me as well
sr. member
Activity: 476
Merit: 250
Tangible Cryptography LLC
He owes us a small amount ($30.00) but we would be willing to sign it over to a plaintiff so Yes +3.
BCB
vip
Activity: 1078
Merit: 1002
BCJ
Yes we do have info to initiate a small claim. I also have back up of his websites, and Bitcoin talk posts.
Yes I live in his jurisdiction and I would be glad to file the claim on behalf any interested parties and even front the $15.00 filing fee.

This is a civil means and often used method to collect a debt from an individual or a business.

So far

Yes +2

No +1
donator
Activity: 1218
Merit: 1079
Gerald Davis
Do you even have sufficient information to file a suit?  At a minimum you would need his name, legal guardians name, and address.  In most states filings have to be done in person so you unless you luck out and someone lives in state you have that added cost.  

One further complication is that usually you can't represent someone else in small claims court.  You can only file for money owed to you.  So what you (or someone) would need to do if have the other creditors sign over the debt to the person filing the claim.  The plantiff wouldn't need to buy the debt from the creditor(s); a simple contract could be written that the plaintiff is purchasing the debt for a representative share of the proceeds (if any) that come from the lawsuit.  Likely the contract should be worded such that if a lawsuit if dismissed, or not filed that ownership of the debt returns to the creditor.   Essentially the plaintiff then is owed the full amount (of the entities willing to participate) and can file for that amount.   If the plaintiff wins the defendant/debtor would pay the plaintiff and the plaintiff pay each creditor on a representative basis.

Still if that is the way (or someone else) wants to go I will sign over my $240 owed to anyone looking to file a suit.  Honestly I think this would be a good thing for Bitcoin.  While case isn't about Bitcoin it would be useful for the community to see that a debt incurred is a debt incurred.   PayPal freezing the account is irrelevant, TheBitMan owes the funds.  Period.  If PayPal was wrong them TheBitMan may have a case against PayPal but that doesn't change the fact that he still owes the creditors.

If you owe someone money you pay.  If you can't pay you find a way (payment plan, getting a loan, get a second job, etc).  If you don't pay you get sued.  Pretty simple concepts which seem to evaporate as soon as Bitcoin even comes close.

Quote
It may take a few months but just be patient and you will all get your money back- unless you start some stupid law suit.

Well there is no guarantee of that.  He may just decide after a couple months to take the money and walk away.  I certainly hope that isn't the case but saying "you WILL all get your money" is a false claim. We "may" get our money.  If you are so certain I would gladly sell you my claim for 85% of the face value right now.  A guaranteed profit since there is absolutely no chance that you won't be repaid right?

BCB is correct on one account.  A judgement could be used to prevent the PayPal funds from being taken although I doubt it would go that far.  His parents likely aren't interested in having a judgement on their credit report and would pay the amount in full and collect from their son when PayPal releases the account.
BCB
vip
Activity: 1078
Merit: 1002
BCJ
Thanks for your response Burtw.  I'd be curious to hear from others.  I spoke with Paypal today and I would told that he never responded to their inquires about the authenticity of my payment.  This seems to contradict his statements that he was actively involved in discussions with paypal.   An update from Bitman would be appreciated as well. 
BCB
vip
Activity: 1078
Merit: 1002
BCJ
I just spoke with small claims court in Bitman's jurisdiction.  The max amount to sue for is $5000.  I believe BitMan said it was about $2800.  Is is possible or one person to file a claim on behalf of a group and then be responsible to disburse any judgement to the claimants.  As he is a minor the claim would have to be made against a parent or legal guardian.   I think unless Bitman offers to make a formal agreement to begin repayment in some orderly and timely fashion a small claim should be explored.  If a claim is successful it would also protect any funds sill held by paypal so when released they would be property of the claimants.
newbie
Activity: 31
Merit: 0
Any update?
legendary
Activity: 1386
Merit: 1004
get a loan and payback the highest you owe first and then down the line. You're getting the money back in 180 days that's guaranteed. So, just get a loan and start paying people back now.

Highest first is not necessarily the best way to do it.  Then you wait longest to make the first payout and have the most number of people who have nothing.  I (think) am in the middle so lowest first or highest first does not make much difference to me.  I think the best way is to pay out in rounds as you get the money, a percentage.   Sure it is more work, but everyone then knows you are serious. 

It may be more trouble for the payouts, but we have all been put through trouble as well. 
newbie
Activity: 31
Merit: 0
get a loan and payback the highest you owe first and then down the line. You're getting the money back in 180 days that's guaranteed, you'll be able to repay the loand. So, just get a loan and start paying people back now
vip
Activity: 756
Merit: 504
He is a minor.  PayPal reversed all of his transactions and froze his account.  For more detailed information please read the thread.

I think it would be OK to list all of the amounts, only the amounts.  Then we can all see where our amount is in line.

He did not provided any evidence which proves he is a minor...

Anyway, perhaps Paypal limited his account because he could not provide appropriate documents.
vip
Activity: 756
Merit: 504
Can you list the total individual payments to each person, with out ID, please.
i dont know if everyone would accept to that and i dont want to upset anyone anymore than they are..

Are you Paypal account frozen due lack of documents?
BCB
vip
Activity: 1078
Merit: 1002
BCJ
no identifying info - just the totals ie:

800
100
100
100
50
75
20


etc....

each line would be the total that is owed to each individual so everyone knows where they stand depending on how you plan to make payments.
sr. member
Activity: 280
Merit: 250
Can you list the total individual payments to each person, with out ID, please.
i dont know if everyone would accept to that and i dont want to upset anyone anymore than they are..
BCB
vip
Activity: 1078
Merit: 1002
BCJ
Can you list the total individual payments to each person, with out ID, please.
sr. member
Activity: 280
Merit: 250
BCB
vip
Activity: 1078
Merit: 1002
BCJ
What is the total amount?
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