How do I go about to sue someone for fraud?
Already Tried: I was trying to sue the business owner for civil case but he filed for bankruptcy
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 status of the case?
I have not, for civil case my lawyer sent him the demand letter and within the 30 days, he files bankruptcy with his wife at the 30th day , now we are going through the painful slow bankruptcy process with the bankruptcy court.
but I want to know if I can sue him also for criminal case even though he has civil bankruptcy pending
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?
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
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
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
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?
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.
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
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
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?
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
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).