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Zoey_JD, Criminal attorney
Category: Fraud Examiner
Satisfied Customers: 24052
Experience:  Active member of the NYS bar since 1989
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I do believe my x cashed in my bonds before we got divorced.

Customer Question

I do believe my x cashed in my bonds before we got divorced. what can I do ?
Submitted: 11 months ago.
Category: Fraud Examiner
Expert:  Zoey_JD replied 11 months ago.
Hello, Are you asking whether you can now sue her or have her prosecuted? How sure are you that your ex did this? In what US state did this happen?
Customer: replied 11 months ago.
yes and yes we also had bonds together. not sure about the names on the bonds
Customer: replied 11 months ago.
in NJ
Customer: replied 11 months ago.
even if it happened after divorce.
Expert:  Zoey_JD replied 11 months ago.
Thanks for the reply. Every state has a statute of limitations that determines how old a case can get before it can be brought to court. In New Jersey, you have 6 years from the incident to sue for fraud. If you want to bring criminal charges, you have 5 years from the incident to get felony charges pressed or 5 years from when the fraud could have first been reasonably discovered. So I see two possible problems to your taking legal action at this time. The first is the statute of limitations issue, if a reasonable person would have noticed the loss of the bonds before now. The second is whether you've got enough evidence to win either a civil suit or a prosecution. I asked you before what evidence you have that your spouse took and cashed the bonds. The state has to prove its case beyond a reasonable doubt in order to get a conviction. If you have nothing more than an educated guess that it had to be your husband, that's not good enough for the state to go forward with. Do you even have proof that someone cashed these? The civil burden of proof is more favorable to you, but still, you'd have to show by a preponderane of the evidence that your husband took and cashed bonds he was not entitled to. If you think you can satisfy the time frame requirements and you have the evidence that your ex actually did this, you can go to the police and report it as a crime or consult with a civil litigator (trial lawyer) about the viability of a civil suit.