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AttyHeather
AttyHeather, Lawyer
Category: Criminal Law
Satisfied Customers: 571
Experience:  Attorney with 15 years experience
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OK. this might be a little too but bare with me please. I

Customer Question

OK. this might be a little too long but bare with me please. I met this guy (Bob) through a friend about 4 years ago. At the time we were talking or trying to talk. He told me he needed to borrow money for school and i gave him exactly $1600. Then he disappeared on me. I let the money go because Ihad no prove of him borrowing it and he planned it very well enough so I didn't know how to sue him and i was living with my family too so I didn't want the drama. So after 4 years I ran into him at a mutual friend graduation (the same friend who introduce us). So somehow Idk where he got my information from after a week of the graduation i checked my bank statment. And I saw two transactions that I didn't do. one was at a gasstation (for a dollar) and one was for a phone company $47. I called the phone company and they gave me the phone number that my card was charged for to pay for (it happened to be Bob's number). I told our mutual friend that Bob has stole my information and I was goign to the police. The mutual firend decided to talk to him and settle this between us. So I closed my bank card with a dispute. (Still to this day Bob doesn't admit that he stole any money from me, he never applogized or anything). But when the mutual friend talked to him he agreed to return half of the money he orginally borrwoed (I have this conversation on a phone recorded without their knowledge). Since I was there can I use this as evidence ??? And also What can I sue Bob with? just the fraud or the old money as all... and which court should I take it to? Civil or Criminal. I just need an explanation of things since Idk the law. And I do have text messages as well him denying to any money he borrowed from me and also not knowing what am talking about. Do I even have a case if i go against him. He said he will tell the police that I was his girl friend and I was the one who paid for him. (which doesn't make sense because we never had any interaction for years until this incident happened) No phone interaction or email or anything. He only has pictures from the graduation time.PS this is all Virginia
Submitted: 7 months ago.
Category: Criminal Law
Expert:  AttyHeather replied 7 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist you for informational purposes. What a difficult situation, but it is quite amazing that you ran into him again.

You will be suing him in civil court. You cannot file a criminal case against him. Only a prosecutor can. You can file a police report, and the police can take the report to a prosecutor, who can then file charges if he (the prosecutor) wants to (in which case there would be a criminal case), but that is not your decision. If you want to sue him to get your money back - - then you sue him in civil court.

Expert:  AttyHeather replied 7 months ago.

As for the recorded phone call - - Virginia is a one-party-consent state. This means that as long as one party to the conversation consents to the recording, then it is allowed and legal. If one of the people knew the conversation was being recorded, you can use it. If no person who was part of the conversation knew it was being recorded, you cannot use it.

Now, the statute of limitations for a contract for which there is no writing is 3 years in Virginia. That means that it is possible that he could have your case for the old contract dismissed since it occurred over 3 years ago.

I hope this information has helped!

Customer: replied 7 months ago.
Can I sue him in criminal court... ? He would say that I let him use it. How can I prove that? And also that how could I put all this together ? What is the best way of saying it?
Expert:  AttyHeather replied 7 months ago.

No, you cannot sue him in criminal court. Only the prosecutor can sue him in criminal court. If you want him criminally prosecuted, then the prosecutor has to make the choice to sue him.

Even though the recording might be inadmissible, you can still have your friend come and testify about what this person "admitted" to him.

I hope that has helped.

Customer: replied 7 months ago.
The friend is his friend as well what if he doesn't want to come forward .., oh ok I got u about the court... What kind of proofs do I need to show them I didn't let him use my card other than the text
Customer: replied 7 months ago.
wouldn't him agreeing to pay me back the old money in three months make it a new contract ??? Even tho he failed to pay the first time (which he played me I had to let it go cos I didn't have evidence )
Expert:  AttyHeather replied 7 months ago.

Even if the friend does not want to come forward, if you subpoena him, he will have to. So in that regard, he would not have a choice, if you choose to subpoena him. You might think about getting your friend to talk about the admissions that this guy made to him in text message. That way, your friend's testimony is locked in (because he would not want to testify differently than what you have proof of him saying - text messages that are admissible).

As for evidence, you'll need your bank statement, and you'll need documentation showing that the charges came from Bob's phone number. You should also bring documents showing that you disputed the charges and closed your account. Also, a police report would probably be helpful as well.

Yes, you can argue that he agreed to pay you back, and that makes it a new contract. He will probably argue against that, so it will become a judgment call for the judge to make on what to believe.

Good luck!

Customer: replied 7 months ago.
Thank u so much ... Once I hear from the dectative I will ask u questions ... U are very good at this and explained things very well ... One last thing ... He was part of that conversation which I recorded ... Wouldn't that be good enough to subpoena him???
Expert:  AttyHeather replied 7 months ago.

If the conversation was between your friend and the guy who stole from you, and neither of them knew the conversation was being recorded, then you won't be able to use the recorded conversation. However, regardless of that, you can subpoena him to testify. Those are two separate issues.

I'm glad that I was able to assist you tonight. I would greatly appreciate it if you could give me a positive rating!

Customer: replied 7 months ago.
No the conversation was between the three of us... That is what I meant to say ... And yes I will give u a good rating
Expert:  AttyHeather replied 7 months ago.

Let me know if I have answered your question.

Thanks, Heather

Customer: replied 7 months ago.
No I didn't see no answer I don't think it got posted
Expert:  AttyHeather replied 7 months ago.

If the recorded conversation was between yourself and your friend and the guy who stole from you, since you were a party to the conversation, then it was ok for you to record it, and you will be able to use it in court. I thought before that you meant that you recorded it and were not a party to the conversation. This was what I was talking about when I asked if I answered your question.

Customer: replied 7 months ago.
He is planning on saying I let him use it or that I framed him ... That is what he said the last time I talked to him face to face about this ... Idk how I can proof it I didn't do it... But would this text help ... ?? He said he was going to say I was his gf n I paid for it... Which I wasn't at the time ... It was years back and also can't they check that we hadn't had any contact before the fraud happened ... That was the first contact I had with him was when he texted me about the card... (In general do u think I have a case that could win or that the dectative a could help me with ???) am just overwhelmed with all of this cos it might be hard for me to proof ... Idk how the court works or idk if they need me to proof that I saw him using it or something you know what I mean...
Expert:  AttyHeather replied 7 months ago.

The text messages you attached aren't helpful to your case because he is not admitting to anything in them. I guess your chances then depend on the recording, and what evidence you have that connects the charges to his phone.

Customer: replied 7 months ago.
no what I meant is...
Can't i show them this as I didn't give him a permission to use my card. And that is the only card payment there has been between me and him. So its obvious am talking about that specific card payment. Because I know he will try to say she let me use it or she paid it for me. (how can I argue that?How can I prove I didn't let him use it?) This is my last question i promise...
Customer: replied 7 months ago.
no what I meant is...
Can't i show them this as I didn't give him a permission to use my card. And that is the only card payment there has been between me and him. So its obvious am talking about that specific card payment. Because I know he will try to say she let me use it or she paid it for me. (how can I argue that?How can I prove I didn't let him use it?) This is my last question i promise...