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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My credit cards have been stolen over the time of 11 months

Customer Question

My credit cards have been stolen over the time of 11 months as far as I know (4 different credit cards). I know who did it, and I confronted him over and over and he said he would quit and pay me back, but did not happen until i canceled all my cards. So far he only paid me back .01% of what he spent. He is working on paying me back right now and has intention of paying me back, but I want the guaranteed pay back. The total amount that he stole is about $20,000.00. I still have all the canceled card and credit card statements. It is easy to prove that he spent the card because I was in LA and card was spent in CO where he was at that time. He receives government money for being veteran, like $400 or something, and being paid for his housing and school fee. He currently does not have a job, and trying to set up his business. He is trying to pay me back with the fund that he would receive from the funding for his business. What can I do to receive guaranteed pay back every month? If I press charge on him, will I still be receiving the money back? Will he go to prison? I think the level of the crime is pretty bad because he kept stealing the new card that was issued after i canceled old cards. I NEVER gave permission or borrowed him my credit cards. He went into my purse and stole the card information.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Hi,

Thank you for your question. I'm sorry to hear about your situation.

Do you have any reason for wanting to protect this person from the consequences of his actions?

Have you informed the credit card company that the cards were stolen and that the charges made were not authorized and were the result of fraud?

-ZDN
Customer: replied 2 years ago.

He is an old friend, and I feel bad putting him in jail, but the situation has gotten to the worst level, and I am willing to do so if he fails to keep his words this time.


 


Yes, I took care of credit cards already. I was able to retrieve the amount from 2 credit cards, yet I couldn't for the rest of the 2 cards because they were made out of States. They were international cards. For the international cards which were used mainly for the fraud, I have the statements ready. What are the ways for me to guarantee the pay back?

Expert:  TexLaw replied 2 years ago.
I would say what you are after, a guarantee of getting the money back from him, is not something that is really achievable. He does not have the money to repay you and is, for all intents and purposes, a thief.

The best you can do in this situation is to get it set in stone that he owes you the money. There are two ways you can do it.

The first, and the one with the most likelihood of success, is to report him to the police and request an order of restitution from the prosecuting attorney. This will require him to pay you back or face further criminal sanctions, which will be added to the criminal sanctions which may already be laid against him by the State.

The second way is to sue him for fraud and obtain a judgment. Because you are talking about him owing you more than $20K, this is a case you will have to file in the district court or county court. This will generally require an attorney. However, you are likely to get a default judgment against him, so the attorney's fees should not be that much (a few thousand at most, but probably under 1,000).

Obtaining a judgment against him gives you the personal right to seize his belongings and his bank accounts. You won't be able to get his benefits paid directly to you, but you can seize them once they are in his bank account. If he has any property that is not exempt, you can also seize that. This requires a lot of work and diligence on your part.

I recommend the criminal prosecution path. It has a higher likelihood of success and a lesser cost to you personally.

-ZDN
-ZDN
Customer: replied 2 years ago.

Thank you so much for your help.


What if I write a agreement on how much he needs to pay me back every month, and he signs it. Will it be effective? If he fails to keep his words after sighing the agreement, will I still be able to request the restitution by reporting the police?

Expert:  TexLaw replied 2 years ago.
Getting him to sign an agreement does not really provide you any protection. You are relying on his promise that he will honor the agreement, and he is the one who stole from you in the first place.

If he will sign a document, have him sign an agreed judgment that you can enter in the court. This will make it so that he owes the judgment and cannot wiggle out of it.

I'm concerned with the idea of telling him that if he doesn't pay you will report him to the police. That could technically qualify as criminal extortion (demanding money in exchange for silence). You would have to be very careful to never promise him that you will not report him to the police.
Customer: replied 2 years ago.

So, although I am a complete victim here, If I tell him that I won't report to the police if he pays me back is considered as a crime?


 

Expert:  TexLaw replied 2 years ago.
It's a crime to demand payment in exchange for not reporting someone to the police.

You can demand the payment, but you cannot tell him it is in exchange for not going to the police.
Customer: replied 2 years ago.

What if I was going to report the police, and he begged me not to, and he asked me to wait til the certain date, and I agreed on it. Is it still considered as a crime?

Expert:  TexLaw replied 2 years ago.
No, I think I'm confusing you. Since he owes you money, you can certainly ask for the money and agree that you will not call the police if he returns the money. Giving him til a certain date is fine.

I'm just warning you to not put anything in writing to ensure that it is not used against you somehow.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 9 other Legal Specialists are ready to help you
Expert:  TexLaw replied 2 years ago.
Please let me know if there are any other questions you need answered on this issue.

Best of Luck in getting your money back,

ZDN

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TexLaw
TexLaw
Attorney
2718 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs