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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111683
Experience:  Attorney experienced in commercial litigation.
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Thank you. Moving forward, the final and most profound

Customer Question

Thank you. Moving forward, the final and most profound aspect of this domestic dispute is the theft. This man hand singlehandedly spent without my knowledge a total of 17000 of school loan money that had been direct deposited to my Mastercard by my university. I had to take a break from medical school in efforts to save money and study for boards. This Was by way of multitudes of transactions and 10,000 in cash withdrawals spainING all of 2015 and part of 2014. Busy engulfed in my school duties, I placed the card in a place, to emphasize in my mind it's importance, it was not to be a cars regularly carried on my person. He purchased several items needed to sustain our livid hood under the pretense that he was providing these items. Even my birthday was directly from my account. Shamelessly and stealthily, he had watched me for over a year worked tirelessly to gather school money while it went out and into his hands. I have two notarized promissory notes we both have signed, one with admittance to the theft and the promise to pay a total of 450 through his main job and a part time fed ex job. Since the assault on the ninth, he has stopped paying. Additionally his parents, once supportive acknowledged the theft and while they had no amount of that degree, they would help in any way possible. In fact, his mother had given me 15000 for my kaplan courses, thus an acknowledgmentioned of debt. Now that I'm filing charges their suddenly changing their tune, excuses his abuse, and rationalizing the theft. I have 3 voice recordings. 2 of which are from him stating his name, admitting his theft and amount, and resolve to pay. The last one was done for personal reasons as an assignment for asserting myself as instructed by my life coach. While the last one was done without any parties knowlege, his parents and he all acknowledge the theft. My life coach is the one who spotted the abuse and at the time we were assessing my assertive abilities, hence th recording. Lastly, the other promissory note I'd compiled through a rocket lawyer template, I had the date for the amount of 17000 to be paid in full by January 21 , 2017. The date was at the insistence of my life coach so this is not dragged out. I also had plans on attending school this Sept, so the matter was urgent. This note had a 7% intrest on any late payments. So this is my scenario in summary. Tomorrow I meet with a domestic violence attorney to establish a protective order. This is not her specialty, however she believes that I had tremendous advantage and opportunity to charge him with larceny. This would go beyond small claims of 6,000. What does this mean? Also, can I get restitution if he is charged? She wasn't sure. She advised me to give them one last opportunity. Send them a text or go to their home (parents) explain their son has breached a contact admitting guilt and if he does not resume payment in a week or time of my choice, I will proceed with charges. Given the evidence, amount, what can I do to further strengthen my case, how can I be eligible for restitution or payment of sort. And what method may you propose is the quickest way to a victory and a final removal of him from my life forever. The last part is the most important. He plagued everything I had positive in my life, I am rebuilding, but the damage seems irreparable. Your council would mean a great deal to my efforts. Thank you
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry, before we continue onto any new questions, you must go leave positive feedback for your previous open questions, since the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
When you have done so, please let me know and we can continue on this new issue.
Customer: replied 4 months ago.
Absolutely. Hard work deserves an honestimate assessment. Your rating is complete. Talk with you soon.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
So, for this one you have grounds to file criminal charges against him for theft and unauthorized use of the credit card with the police. In addition to the criminal charges, you absolutely must file a civil suit against him for the money and any other losses his conduct caused you and get a civil court judgment against him. You can get the judgment and then you can seek to garnish his wages or seize his bank accounts or other property if he does not pay you on the judgment.
So you need to do BOTH, file criminal charges and file a civil suit against him as well.

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