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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26124
Experience:  16 yrs. of experience including criminal law.
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how do I go about to sue someone for fraud

Resolved Question:

how do I go about to sue someone for fraud?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Have you actually filed suit? In small claims or in district court?


IF so what is the statuts of the case?
Customer: replied 3 years ago.

I have not, for civil case my lawyer sent him the demand letter and within the 30 days, he files bankrupcy with his wife at the 30th day , now we are going through the painful slow banrupcy process with the banrupcy court.

 

but I want to know if I can sue him also for criminal case even though he has civil banrupcy pending

Expert:  P. Simmons replied 3 years ago.
Ahh...sure. You can pursue a criminal case. You bet. The criminal process is separate from the civil process. Both can go at the same time...or either can go on their own.

But understand YOU can not sue in criminal court. Only the DA (District Attorney) can file criminal charges. You can certainly request...but the DA has the final say.

So you will need to convince the DA to take the case.

But if you can show fraud? It may be you can convince the DA to prosecute.
Customer: replied 3 years ago.

so I need to go to district counrt of plano? where is the city I live in or Collin county?

do I need a lawyer for this or I can try to convince DA?

Expert:  P. Simmons replied 3 years ago.
I would not hire a lawyer...I would go knock on your county DA's door and lay out the case. I would go to your DA, since he is your elected official...he can prosecute the criminal so long as the crimes happened in TX.

Make him (or her) look you in the eye to say no...
Customer: replied 3 years ago.

ok I just called the DA office and she said I have to contact plano police office first, which I then called and explained the case

she said I have to finish my civil case first and have the judgement of a loss first, then if I disagree with the judgement, then I can file a report with plano police and they will then go to DA

however DA will never accept my case

Expert:  P. Simmons replied 3 years ago.
You are not talking to the DA directly. I would be a lot of money on that.

Look...at the end of the day, it is up to the DA...they can take or not.

If you want them to take the case, put together the information that shows why it is criminal and present it to your DA.

Or hire a lawyer and let them do it for you.

Calling the clerks on the phone is not going to get you where you want to go.

Will they take it? Likely not...not unless you have evidence that proves a crime. But if you have such evidence...If I had such evidence I would be at they doorstep demanding justice (in a polite way of course)
Customer: replied 3 years ago.
but can I get to see DA without passing the DA clerk?
Expert:  P. Simmons replied 3 years ago.
Persistence...or hire a good lawyer.
Customer: replied 3 years ago.
but can I do that before bankrupcy counrt coming back with a judgement?
Expert:  P. Simmons replied 3 years ago.
Sure...Like I mention the criminal process is not tied to the civil process. There are separate.

Again, if this were me I would be in the lobby of the office every day until I got an audience.

If you do not want that trouble? Hire a lawyer to do this for you.
Customer: replied 3 years ago.
the bankrupcy he filed were chap 7,does it mean he is not intended topay anything?
Expert:  P. Simmons replied 3 years ago.
Yes...if they filed for Bankruptcy protection, they want to avoid paying their debts.
Customer: replied 3 years ago.

so they are intended to not pay us anything, so I can use that as DA argument right?

I am going this afternoon and see if I can get to talk to him

Expert:  P. Simmons replied 3 years ago.
The fact they do not want to pay is not fraud. Heck...if that was the case then almost every bankruptcy case ever would be a crime

You need evidence they lied to you to obtain money or something of value. That is fraud.

If you have that? Then you have fraud. IF not, not.
Customer: replied 3 years ago.

I have letters from him to my dad to say he gave us higher interest for our return. and when the contract ended and we do not want to renew, he refused to pay and was violent to my dad and we have all the log.

we tried many things with them before we had to find a lawyer for civil case and when we sent the demand letter that is when he filed bankrupcy, he basically lied to all his employees and previous employees to tell them the greater pasture if they lend him $$.

and when my dad visited him to ask for $$, he was not allowing my dad to be in public area, bc he was afriad other employees would hear him

and during bankrupcy first hearing, a lot of other ppl showed us, they were very upset bc they did not even know any of these and do not even have lawyer bc he was telling them before all the new projects he has and is going on that will bring even better returns that is FRAUD

Expert:  P. Simmons replied 3 years ago.
OK...then present that to the DA and request they prosecute.

My point is that bankruptcy is not evidence of fraud...you need more than that. It sounds like you have some evidence

I wish you the best of luck

Customer: replied 3 years ago.

in general will memo like that to say they will give u higher % of return to lure you of borrowing him $$ part of fraud act?

and the log I have is the document I have with my dad's visit with him, is that his words against ours?

if DA refused to see us, do I just go back again and again?

 

Expert:  P. Simmons replied 3 years ago.
In general if they lie to you and you can prove it, you have fraud.

As I explained, if this were me and I believed it was fraud I would meet with the DA.
Customer: replied 3 years ago.
ok I will keep u posted once I am back
Expert:  P. Simmons replied 3 years ago.
Please accept so I get credit for my efforts. I have answered your questions many times over.
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26124
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 9 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

I just got back from the DA office, I did get a chance to talk to someone, and after awhile he said to file the formal complaint and mail to austin SSB

http://www.ssb.state.tx.us/Inspections_And_Compliance/IComplaintForm.pdf

 

do you say this is the right path then, he said austin will decide if they want to prosuit it and send to dallas county DA

Expert:  P. Simmons replied 3 years ago.
You are off to a good start. Now the key is to convince them to prosecute the case.
Customer: replied 3 years ago.
so what you are saying is like what the AD office of collin county said, do the complaint letter so detail that it will convince them to take the case? so after I did all the detail the rest is just the waiting game?
Expert:  P. Simmons replied 3 years ago.
yes
Customer: replied 3 years ago.

also from the bankrupcy court, my lawyer asked for the doc that the owner's couple have provided the court and in there it indicated that in 2009 they have transfered 98% of the ownership of the stock to his son, and since 2004 we have been asking him for money. I believe this is also a key evident for fraud, he has planned all along not to pay back. and possibly do bankrupcy.

I have decided once I am done with all the detail for austin to sue them for criminal fraud act but also provide the same detail info to my lawyer so when the bankrupcy court date is coming we will also argue why judge should not grand them for chapter 7. what do you think?

Expert:  P. Simmons replied 3 years ago.
You can certainly do this...if you can show fraud that would be grounds to have the court not grant protection in Bankruptcy court.
Customer: replied 2 years ago.
I have a new situation and it is like a bomb for my family, got a letter from the bankrupcy court and it says bc we did not pay for the filing fee of our adversary case within the 7 days notice, our case is dismissed.
I was so confused bc i have never received such a notice, called my lawyer, he is out in court. so at the last min, I thought about calling the court and i did and was able to talk to the case manager, and she said they have notified my lawyer not us for the filing fee and they did not get it. so I am going to call my lawyer and find out how and why.
but is there a possiblity we can salvage this mess?
Expert:  P. Simmons replied 2 years ago.
It sounds like the lawyer made a mistake in not notifying you...I would contact the lawyer and ask him why.
Customer: replied 2 years ago.

I did and he said he had client and will call me back and that was 9AM I am going to call him again at 2

but can we salvage this, whether it is his fault or not. this is ultimately hurt my case big time

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