Local man claims caller with business idea swindled $50K

Kelly Holleran Mar. 22, 2009, 12:28pm

A Jefferson County man claims he was swindled out of $50,000 through a telephone call promising to make him more than $9,000 with the money in 10 days.

Jason Apodaca filed a suit against Scott Lumely on March 18 in Jefferson County District Court, saying Tennessee-resident Lumely called him with a business proposal in January.

"According to the proposal, plaintiff was to wire defendant the sum of $50,000," the suit states. "Defendant represented he would use said funds to purchase certain goods and resell such goods to third parties at a substantial profit."

According to court records, Lumely told Apodaca he would repay him $59,160 within 10 days of receiving the $50,000.

Apodaca accepted the offer on Feb. 2, but Lumely has failed to pay the $59,160 within 10 days as he promised, the complaint says.

"Although plaintiff subsequently demanded payment of the amount due owing, defendant has yet to satisfy the debt," the suit states.

Having accepted the money and not having returned the promised amount, Lumely was unjustly enriched, Apodaca's lawyers, Christopher A. McKinney and Jennifer M. Turner of Orgain, Bell and Tucker in Beaumont, wrote in the complaint.

Apodaca is seeking unspecified damages, plus attorneys' fees, pre-judgment interest at the highest legal rate and other relief to which he is entitled.

The case has been assigned to Judge Donald Floyd, 172nd District Court.


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