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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19600
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I have a unique situation, I had an agreement with a friend

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I have a unique situation, I had an agreement with a friend that he would make all my payments bills car notes and 401k loans as well as getting stuff from department stores. He paid my Toyota Camry off in return I would pay his rent and money every 2 weeks. He would pay my moms bills as well and my roommates credit cards in the 8 months that he was making payments for all the accounts nothing was wrong. He said this checking account where he made all the payments were his and his father joint account but he could not take any money out. in the event recently all payments he made were returned to his checking account for fraud. Now since all payments were returned there is a total debt of $190,000. He would call the merchants over the phone for electronic payments.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 10 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened - that's awful.

If your friend intended at the time you made the agreement to do this, that's fraud and theft and you can file a police report. Fraud can be difficult to prove, but if he was the one who called and had all of the payments reversed, that helps. If he knew that he didn't have any authority to take money out of the account he was using, that also helps.

In addition, you can sue your friend in civil court for breach of contract, unjust enrichment and fraud. If you can show that he did this on purpose to steal your money, you can seek punitive damages in addition to the $190,000. Because of the amounts of money involved, you may want to talk to a local attorney about helping you. If you prefer to file suit yourself, California has breach of contract forms online.
http://www.courts.ca.gov/documents/pldc001.pdf
http://www.courts.ca.gov/documents/pldc0011.pdf

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 10 months ago.

Now the issue lies with the creditors calling the parties affected by this like my mother, sister and roommate. I am afraid that my vehicle will be repo'd for his payment reversal on his account. I recently found out that the account he was using was a joint with him and his father. Is filing a police report my best choice in this matter.

Expert:  Lucy, Esq. replied 10 months ago.
Filing a police report won't get your money back. There's also no way to force them to prosecute. But it is a good starting point. If he's convicted, that makes your civil case against him significantly easier to prove.

The Fair Debt Collection Practices Act prohibits a creditor from talking to a third party about your debts. If they start calling and talking about money that you owe to someone not on the account, that's a violation, punishable by a civil penalty of up to $1,000.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19600
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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