Criminal Law Questions? Ask a Criminal Lawyer.
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.
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!
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.
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.
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!
Let me know if I have answered your question.
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.
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.