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TJ, Esq.
TJ, Esq., Attorney
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My ex-husband, through non compliant unilateral filings re:

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My ex-husband, through non compliant unilateral filings re: a domestic LLC, also patently lying, misrepresenting facts and utilizing unauthorized and fraudulently obtained documents got a notary public to quit claim to him sole ownership of a home worth 1,250,000 that is co owner 50/50 by us both. He stole my half. I have civil lawyers preparing pleadings and he did i so stupidly that it is so obvious exactly what he manipulated and how he went about this theft that they are totally unconcerned about winning -- but I'm wondering, especially since I am a permanently disabled adult, he's caused me tremendous pain and suffering including threatening to kill my son and I if I filed a civil suit against him, should I pursue criminal charges as well in terms of something like larceny, or even assault.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 10 months ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

What you describe is outrageous. To clarify, what did he do ... forge your name? And did the notary sign the quitclaim deed even though you weren't there?

Also, can you describe the threats in greater detail? I'm just trying to determine if there could be possible charges for criminal harassment, assault, or something else along those lines.
Customer: replied 10 months ago.

He over six months time through non compliant filings with the State of Nevada (the CA residence was held by a Nevada LLC), filings I was never informed of and that did not receive the necessary 2/3 vote to pass as there were only two of us that owned the property, he cut my name off as manager, amended the articles of organization, gave himself full authority to act on behalf of the LLC as manager -- then he filled out a quit claim deed form saying the asset had been liquidated and funds distributed (through I knew nothing and received not a penny) and then had it quit claimed to him.


 


 


We I confronted him he went into great detail about his chemical engineering past and how he could construct a bomb and put it under my son's car and kill him. He said he had connections with organized crime in Chicago (his father was a HUGE business man there and he and his family including this perpetrator I speak of were best friends with the head of the mob there for decades, Alan Dorfman. Michael claimed that Alan's son, Jimmy, had assured him he could have me killed if I brought suit against him.

Expert:  TJ, Esq. replied 10 months ago.
Hello again.

I'm sorry to hear about all of this. It's almost unbelievable.

To get back to your question: "I'm wondering ... should I pursue criminal charges as well in terms of something like larceny, or even assault."

First and foremost, I would certainly inform the police about the threats so that there is a written record just in case something happens, and so that the police can investigate. I would also file for a temporary restraining order. The police should be able to help you with that (they often do so for domestic violence victims, so I don't see why they wouldn't help you with it). All of this helps to establish a record, and could be useful if he does attempt to harm you or your son. Of course, a restraining order could also help the police to keep him away. Unfortunately, until the ex makes good on a threat, it wouldn't rise to the level of assault yet.

With regard to the quitclaim deed, the police will likely not be of much help. The police are often not very helpful with regard to white collar crime. But you may want to ask to speak to the detective in charge of white collar crime in your police department (if they have one) just in case. I suspect they won't be of much help, though, because they'll claim that it's a civil issue. Accordingly, you would likely make more headway by contacting the local prosecutor, who may have a better grasp of the legal issues regarding the transfer of the property, and whether it can be pursued as a crime. I don't see why it wouldn't be considered fraud and/or theft, but the prosecutor should be able to give you a good idea as to whether it's something they'll pursue.

And then, of course, you can pursue your ex in civil court for a variety of reasons. Even when threats do not rise to the level of criminal assault, it's possible that they can rise to the level of civil assault. Moreover, you may have a case for intentional infliction of emotional distress. In order to win a lawsuit for that, you'd have to prove that your ex's conduct was extreme and outrageous, and that you suffered severe emotional distress. Based on what you wrote, it sounds like this may be a viable case. Then, there are potential causes of action for conversion and fraud. A creative lawyer could probably come up with half-a-dozen causes of action. Based on what you wrote, there is potential for not only compensatory damages, but also punitive damages.

I suggest that you retain a local attorney. The attorney can help in several ways. First, the attorney can likely get better traction with the police and prosecutor to have this situation investigated. Second, the attorney can file a lawsuit against your ex and possibly others who may have had a hand in this. I would ideally seek an attorney licensed in both California and Nevada.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To TJ, Esq." in the subject line of your question.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 9763
Experience: Licensed to Practice Law
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