A fomer friend of mine has sent me a cease contact email after several attempts to collect on back rent money he owes me. At the time he and his family were staying at ExtendedStay for the months of November and December of 2011. The first month I gave my consent and signed the ExtendedStay receipt. This was suppose to be a one time occurance and he was suppose to pay me back. The next month without my permission or authorization he charged the following month to my credit card. What are my legal options???? Can I have him arrested?????
State/Country relating to question: New York
I have tried several times by phone and email to collect the back rent money due me.
If you gave consent the first month, the prosecutor would not touch this as a criminal case because they would not be able to prove beyond a reasonable doubt that this was not authorized by you as it would be your word against his. However, your recourse would be to file a civil suit against him to recover the money he owes you. Also, you need to call your credit card company and report it as an unauthorized charge.
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My Former friend lives off the grid. He has no job and lives off the back of his baby mama. He does odd jobs and some internet sales. All this income is cash and not reported to the IRS. Even if I took him to small claims court and won collecting would be close to impossible. When you live like a lowlife you learn to screw the system. Can I have him arrested on fraud or theft charges by the police. Can i use that threat to try and collect the money?????
Lovely. Yes, you can file a complaint with the police, but I am afraid once they find out you authorized the one month, they will likely not pursue it, but they could. I still suggest contacting the credit card company and reporting that it was a fraudulent and unauthorized charge.
Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Being that i did authorize the first month loan to him that was never repayed and he fraudulently charged the following months with out my consent what are the legal laws that have been broken in which he can be charged ? Also is there a statute of limitations as far as the time goes???? This was done on December of 2011???
Theoretically it is theft on the second one, the first is a breach of contract civil matter. The statute of limitations is 6 years on breach of contract in NY. It is 1 year to file criminal charges.
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