Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Of course, there is no way anyone can tell if any fraud occurred with your account without having a forensic audit conducted of the account and a careful examination of all transactions by an expert.
However, there is at least a reasonable possibility that you could bring a lawsuit and thus be able to obtain the information to determine what happened and whether anything untoward occurred.
The statute of limitations in Indiana varies depending on the cause of action and you are running close against the time on a number of those causes of action and are likely past it on others.
The statute of limitations on fraud is six years while that on breach of contract is ten years.
A concept of law called "the discovery doctrine" could be used to extend the time farther depending on the facts. The discovery doctrine means that if the cause of action or the facts giving rise to the cause of action were somehow concealed then the statute of limitations can be extended until a time AFTER the facts are "discovered".
The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.
I RECEIVED MONTHLY STATEMENTS FROM MF GLOBAL, SHOWING WHAT THEY BOUGHT AND SOLD EACH MONTH. ON OCT 10, 2008, THEY MADE TRANSACTIONS THAT LOST ME $300,000 THAT DAY. THIS SHOWED UP ON MY OCTOBER 2008 STATEMENT. I NEVER MET WITH JOSEPH C AT ANY TIME. HE SAID HE WAS MANAGING EVERYONE OF HIS CLIENTS THE SAME, BUT I SUSPECT SOME OR ALL OF THE TRANSACTIONS MADE COULD HAVE SHOWN UP ON AN7Y NUMBER OF ACCOUNTS, INCLUDING HIS OWN, IN WHICH CASE HE COULD HAVE SHIFTED THE BURDEN OF LOSS OR GAIN OTHER PEOPLE. THERE WERE A WHOLE LOT OF DETAILS THAT I AM NOT AWARE OF, AND WERE NEVER DEVULGED TO ME.
Likely the statute of limitations starts in October 2008 or at least you should consider it as being that and look for a lawyer ASAP. There is really no way to know if you have a solid case until you start doing discovery.
IS THERE AN ATTORNEY IN CHICAGO THAT WOULD BE INTERESTED IN INVESTIGATING THIS CASE AND MY COUSINS CASE FOR HALF OF WHAT LITIGATION MIGHT AWARD US FOR OUR LOSSES? WHAT IS THE TIME LIMIT FOR FILING A LAWSUIT IN THE CASE I HAVE DESCRIBED TO YOU?
It is probably going to be a six year statute of limitations. As far as finding a lawyer to take it on a % you would just have to call around and talk to some. You can find a lawyer in that area at www.lawyers.com and look for one who does Civil Litigation.
Is there anything else I can assist you with before I exit to help others?
THANK YOU FOR YOUR HELP. I WILL THINK ABOUT WHAT YOU HAVE TOLD ME.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
IN YOUR OPINION, IS THERE A GOOG CHANCE AN ATTORNEY WILL BE ATTRACTED TO THIS CASE?
I think there is a pretty good chance. The damages are enough to make it interesting to them.
tHANK YOU FOR YOUR HELP.
You're very welcome!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).