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CALawyer
CALawyer, Lawyer
Category: Criminal Law
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Experience:  Attorney at Law
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How will my daughter ever be able to prove anything that ...

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How will my daughter ever be able to prove anything that she did pay her boyfriend back when she paid him in cash. I honestly do think he is lying about much of this fraud case against her.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CALawyer replied 6 years ago.
How did she get the cash? Was it from a paycheck, bank account withdraw, what was the source?

Does she have any friends familiar with it?
Customer: replied 6 years ago.
She has two sources of child support and a small part time job. I don't know if there are any friends that are familiar with it. By "familiar with it" do you mean the sources of her money or do you mean the fact that she paid cash for whatever she was paying him back for?

I know she had a $5000 debt with me over a period of a couple years when I allowed her to use my credit card to pay up utility bills, and just misc bills. She paid ME back every dime in cash. I just kept a tab of note paper in my wallet for a couple years or more. I just jotted down how much she paid me each month until the debt was paid. But who is going to believe me. I'm her mom and besides that I threw the piece of paper away about late January or February this year. And that's the truth. I am an extremely honest person and my daughter was NEVER raised to fraud anyone, but that's all I/we have to go on. This Xboyfriend has met with the boys' fathers at a bar and they really hashed her over. Michael, age 12, had a surprise visit from a SocialWorker at school. What do these kids have to do with any of this. The boyfriend's atty of course states that this personal and should be settled on our own. The Xboyfriend drives past her residence on a daily basis. She has documented everything. But this will certainly not help with the fraud issues will it? She has some camping gear stored in his garage attic along with her flower pots, Michael's electric scooter, Joey's older 2 wheel bike and a huge tricycle with a large wooden trailer that is Joey's also. The tricycle item was given to Joey by Grandpa Dave for Christmas in 2006. Grandpa Dave, my husband, died 12-14-08 and the tricycle/wagon is of great sentimental value to all of us. Chris, the xboyfriend, will not set up a time with us to get these items from his garage. Sacha, my daughter, has returned all of his items to him. I could go on and on. This whole situation is just getting ridiculous. Someone has stolen her elec drill and drill bits from her locked garage. The lock was tampered with (possibly unscrewed which allowed for easy access, the motion dector lights above the small garage door was turned way down so no motion could be detected. He has stalked Michael twice on his paper route, when Michael unlocked the back door to get in the house Chris walked right in with him. My daughter had the door locked as she was taking a shower. I could go on and on. My daughter is NOT a thief. I will feel better once she has an atty. His current behavior is certainly not of good character to me. I could go on forever but that would be futile. I think, but what do I know.

Thanks for your replies.
Customer: replied 6 years ago.
In my previous statements I stated that Grandpa Dave died 12-14-2008, that should be 2007. Sorry.
Expert:  CALawyer replied 6 years ago.
Well. What lawyers typically do when people pay other's back in cash is they use (1) witness testimony and (2) circumstantial evidence that shows that the debts were repaid.

If your daughter kept a log of her payments, that would be good evidence. She could also testify that she repaid him. If she could get bank records, check records, or other account history showing that she had or withdrew cash at certain times, then she could use that to bolster her testimony that she repaid him. If witnesses saw her give him money, that may also help. Testimony that she always paid her debts in cash could help as well. You don't need direct proof to win a case like that, you only have to be able to convince a judge and circumstantial evidence is acceptable.

As far as the breaking into the garage, a report should be filed with the police.

As far as the personal items, a small claims lawsuit could be filed for the monetary value of the items, but the small claims court wouldn't force him to give the items back in small claims court. The small claims suit could potentially be used as leverage to get him to return the items in exchange for dropping the suit. An ordinary civil suit for a writ of replevin (to return property) could be pursue for the items, but that type of suit can be expensive. There are certainly options.


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CALawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1655
Experience: Attorney at Law
CALawyer and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
I am assuming that my daughter should retain an attorney that deals in criminal law, correct?

Please advise.
Expert:  CALawyer replied 6 years ago.
Is she being criminally charged, or is the boyfriend intending to sue her?
Customer: replied 6 years ago.
I believe the boyfriend would do a civil law suit.
Expert:  CALawyer replied 6 years ago.
If it is a civil suit (as opposed to pressing theft/fraud charges), then she would want to contact a debt defense/civil litigation attorney.



If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved. If you need any clarification, just post a reply. Thanks!
CALawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1655
Experience: Attorney at Law
CALawyer and other Criminal Law Specialists are ready to help you

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